United Nations

A/50/681


General Assembly

Distr. GENERAL  

26 October 1995

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (b)


                 HUMAN RIGHTS QUESTIONS:  HUMAN RIGHTS QUESTIONS,
                 INCLUDING ALTERNATIVE APPROACHES FOR IMPROVING
                 THE EFFECTIVE ENJOYMENT OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS

             Recommendations made by the Special Representative of the
             Secretary-General for human rights in Cambodia on matters
within his mandate

Report of the Secretary-General


CONTENTS

  Paragraphs  Page

  I.  INTRODUCTION .........................................    1 - 74

 II.  SIXTH MISSION TO CAMBODIA OF THE SPECIAL
  REPRESENTATIVE OF THE SECRETARY-GENERAL ..............8 - 105

III.  HUMAN RIGHTS RECOMMENDATIONS .........................     116

 IV.  ACTION TAKEN ON EARLIER REPORTS ......................12 - 146

  V.  UPDATE ON SELECTED HUMAN RIGHTS ISSUES ...............   15 - 648

  A.  Right to health ..................................15 - 178

  B.  Right to education ...............................   18 - 219

  C.  Right to work ....................................   22 - 239

  D.  Right to housing .................................   24 - 2910



95-33049 (E)   241195/...
*9533049*
CONTENTS (continued)

  Paragraphs  Page

  E.  Right to a healthy environment and to sustainable
    development ......................................  30 - 3112

  F.  New laws and practices ...........................  32 - 3413

  G.  Independence of the judiciary and the rule of law   35 - 3814

  H.  Prisons and other custodial institutions .........  39 - 4316  

  I.  Freedom of expression and the Press Law ..........  44 - 4717

  J.  Right to be elected and to take part in government  48 - 5220

  K.  Vulnerable groups, including women, children and
    minorities .......................................  53 - 5722

  L.  Reporting obligations under international
    covenants ........................................      5824

  M.  Security issues ..................................  59 - 6424

 VI.  RECOMMENDATIONS ......................................65 - 9026

  A.  Right to health ..................................     6526

  B.  Right to education ...............................     6627

  C.  Right to housing .................................     6727

  D.  Right to a healthy environment ...................     6827  

  E.  New laws and practices ...........................  69 - 7127

  F.  Independence of the judiciary ....................  72 - 7428

  G.  Prisons and other custodial institutions .........75 - 7629  

  H.  Press Law and freedom of expression ..............  77 - 7829

  I.  Right to be elected and to take part in government 79 - 8030

  J.  Vulnerable groups ................................  81 - 8230

  K.  Reporting obligations ............................     8331  

  L.  Security issues ..................................  84 - 8731  

  M.  Ongoing technical advice and assistance ..........88 - 9032  
  CONTENTS (continued)

              Page

Annexes

  I.  Programme of the sixth mission of the Special Representative of
  the Secretary-General for human rights in Cambodia,
  5-16 August 1995 ...............................................34

 II.  Human rights recommendations 1994-1995 .........................38

III.  Letter dated 13 October 1995 from the Royal Government of
  Cambodia to the United Nations Centre for Human Rights .........42

/...  A/50/681

  English
  Page

A/50/681
English
Page

I.  INTRODUCTION


1.   The General  Assembly, in its  resolution 48/154 of  20 December  1993,
entitled   "Situation  of   human   rights  in   Cambodia",   welcomed   the
establishment  in Cambodia  of an  operational  presence  of the  Centre for
Human  Rights of  the Secretariat  and  requested the  Secretary-General  to
assure the  protection of  human rights of  all people  in Cambodia.   On  1
October  1993, the Centre established  its office in Cambodia in Phnom Penh.
On 23 November  1993, a Special Representative for human rights in Cambodia,
Mr. Michael Kirby (Australia), was  appointed to undertake the tasks set out
in Commission on Human  Rights resolution 1993/6 of 19 February 1993.  These
tasks include:

  (a)  To maintain contact with the Government and people of Cambodia;

  (b)  To guide and coordinate the United  Nations human rights presence  in
Cambodia;

  (c)   To assist the  Government in the  promotion and  protection of human
rights.

2.  Pursuant to  the request of the  General Assembly in  resolution 48/154,
the  Special  Representative  has  reported  successively  to  the   General
Assembly  at  its  forty-ninth  session  (A/49/635  and  Add.1)  and  to the
Commission on Human Rights at its fiftieth 1/ and fifty-first 2/ sessions.

3.  The report of the Secretary-General  to the General Assembly on the role
of the  Centre for Human  Rights in assisting  the Government  and people of
Cambodia  in  the  promotion  and  protection  of  human  rights,  submitted
pursuant  to General  Assembly resolution  49/199, is  contained in document
A/50/681/Add.1.

4.   The General  Assembly, in its  resolution 49/199 of  23 December  1994,
entitled   "Situation  of   human  rights   in  Cambodia",   requested   the
SecretaryGeneral to report to the General  Assembly at its fiftieth  session
on the recommendations made by the  Special Representative on matters within
his  mandate.  The  Assembly also  requested the  Special Representative, in
collaboration with  the office in Cambodia  of the Centre  for Human Rights,
to  undertake an evaluation of the extent to  which the recommendations made
by  the Special  Representative in  his  report to  the Assembly  and  those
contained in his first report to the Commission on Human Rights 3/ had  been
followed up and  implemented.  The present report is submitted in accordance
with those requests.

5.   The Special Representative, in  accordance with  the previous practice,
took the  occasion of his  sixth mission to  Cambodia (5-16  August 1995) to
visit,  in addition  to the  capital  Phnom  Penh, the  following provincial
areas of Cambodia: (a)  the Province of Kampot; (b) the Province of  Kampong
Cham; and (c) the Municipality of Kep.

6.   As requested by the General Assembly in paragraph  20 of its resolution
199/49  and by  the  Commission on  Human  Rights  in  paragraph 22  of  its
resolution 1995/55 of  3 March  1995, he also  paid particular attention  to
vulnerable groups, including children, squatters and other homeless  people.
The programme of the  sixth mission is  contained in annex I to  the present
report.

7.   The Special  Representative wishes to  express his appreciation  to the

Government  of Cambodia  for the  access  which  was provided  to Government
officials.  During his sixth mission he met with the Chairman  and the First
Vice-Chairman of the National Assembly,  ministers, the governors  of Kampot
and Kampong Cham Provinces and of Kep Municipality, many national and  local
officials as  well  as  representatives  of  non-governmental  organizations
(NGOs) and  citizens.  Once again,  the Special  Representative would record
the great honour which  he was accorded by  having been received in audience
on 16 August  1995 by His Majesty Preah  Bat Samdech Preah Norodom  Sihanouk
Varman,  King  of  Cambodia.    His  Majesty's  constitutional  position  as
protector  of rights  and freedoms  and guarantor of  international treaties
ratified by Cambodia,  as well as his many  interventions in the defence  of
human  rights, have  continued  to  encourage and  inspire the  work  of the
Special Representative and of the office of the Centre for Human Rights.


           II.  SIXTH MISSION TO CAMBODIA OF THE SPECIAL REPRESENTATIVE
                OF THE SECRETARY-GENERAL

8.    The  present   report  is  based  on   the  findings  of  the  Special
Representative on his sixth  mission to Cambodia in August 1995, as well  as
his ongoing observations and information provided  to him by the  Government
of Cambodia, the Centre for Human Rights and other sources.

9.   In March  1995, the  Government of Cambodia  addressed a letter  to the
Secretary-General,  signed  by  the  two  Prime  Ministers,  to explore  the
possibility of the Centre terminating its mandate in the country by the  end
of  1995  and  continuing its  technical  cooperation  activities  from  its
headquarters  in Geneva.  In their letter, the  Co-Prime Ministers indicated
that they  would continue to welcome  the visit to  Cambodia of the  Special
Representative and would continue to accord every  cooperation to him and to
visiting experts  from the  Centre.  Consequentially, the  Secretary-General
appointed  his Special Envoy,  Mr. Marrack Goulding, Under-Secretary-General
for Political  Affairs, to  visit Cambodia to  discuss the suggestion.   The
Special Envoy's mission resulted in agreements  not only on the  maintenance
of the office in Cambodia but  also on various steps to  be taken to enhance
the relationship  between the  Government of  Cambodia and  the Centre  (see
A/50/681/Add.1, paras. 8-10).   In the spirit of the agreement for  enhanced
consultation, the  Special Representative during  his sixth mission  offered
to call to  particular notice matters  included in the present  report which
might have required special attention and comment by the Government.

10.  Unfortunately, it did not prove possible  for the Co-Prime Ministers to
receive the  Special Representative.   However,  he met  with several  other
ministers.   As in  the past,  an advance  copy of  a draft  of the  present
report was provided  to the Government.   The  Centre for  Human Rights,  in
pursuance of the aforesaid agreement, has  drawn to notice the matters there
contemplated.


 III.  HUMAN RIGHTS RECOMMENDATIONS

11.   During the  period since his last report  to the General Assembly, the
Special  Representative  has  regularly  submitted  to  the  Government   of
Cambodia  confidential letters  containing recommendations  on  human rights
issues.  Unfortunately,  as mentioned  in that  report (A/49/635,  para. 46)
difficulties appear to  have continued within the Administration of Cambodia
in  the  consideration  of  those  recommendations.    Although  receipt  of
recommendations  has   been  acknowledged   in  some   cases,  the   Special
Representative is unaware  of the action, if any,  taken upon most of  them.
The  recommendations  submitted  between August  1994  and  August 1995  are
contained in annex II to the present  report, together with a summary of any
action  known  to  have  been   taken  by  the  Government.     The  Special
Representative   will   continue,   where   appropriate,   to   keep   those
recommendations under review.  He suggests  that the Government of  Cambodia
set in  place  a regular  procedure  for  the reception,  consideration  and
follow-up of the recommendations.  Consideration  of them should be included

in the  above-mentioned enhanced  consultations between  the Government  and
the Centre  for Human Rights.   If possible, technical  assistance should be
offered to the Ministry  of Foreign Affairs by  the Centre for  Human Rights
to assist in analysing the information.


IV.  ACTION TAKEN ON EARLIER REPORTS

12.   The  General  Assembly, in  paragraph  6  of  its  resolution  49/199,
requested  the Special  Representative, in collaboration with  the office in
Cambodia of the Centre  for Human Rights, to undertake an evaluation of  the
extent  to which the  recommendations made  in his reports  were followed up
and  implemented.    The  Commission  on  Human  Rights  adopted  a  similar
recommendation  in its resolution  1995/55, paragraph  7.   Having regard to
the very  many recommendations  that have been  made by,  and the  resources
available  to, the  Special Representative and  the office, it  has not been
possible to complete this task in time for  the present report.  The Special
Representative has  set in  motion, in  collaboration with  the Centre,  the
preparation  of a response  to the  request of the General  Assembly and the
Commission on Human Rights.  That evaluation will have to be discussed  with
the Government of  Cambodia in the spirit  of the agreement reached  between
the Government  of Cambodia and the  Special Envoy  of the Secretary-General
of the  United Nations.   An opportunity  for input and  commentary will  be
afforded to  the Government of Cambodia  to ensure  that all recommendations
which  have  been  acted  upon  or  considered  are  so  reported.    Urgent
recommendations concerning  priority matters of  human rights requiring  the
attention  of the  Government of  Cambodia  are  set out  in annex  II.   An
examination  of  the responses  since  the  last  report  will indicate,  in
general  terms,  the  responses  of the  Government  to  the recommendations
deemed by the  Special Representative  to have  priority and  urgency.   The
terms of  annex II speak for  themselves.  In the  next report, the  Special
Representative  will  include the  first  section  of  his  response to  the
request of  the General  Assembly for  an evaluation  of the  action on  the
numerous recommendations contained in his earlier substantive reports.

13.  An initial  assessment suggests that most  of the recommendations  made
in  earlier reports remain  to be  implemented.  In many  cases, neither the
Special  Representative  nor the  Centre for  Human Rights  is aware  of the
action,  if  any,   which  the  Government  has  taken.    In  other  cases,
implementation  of  the  recommendations  require   resources  -  financial,
technical and human - which are not  necessarily available to the Government
(health, education,  improvement of physical  conditions of prisons,  etc.).
A  number  of  comments  should  be  made  in  considering  this  apparently
disappointing picture  and in securing a proper evaluation of the impact and
utility of the recommendations:

  (a)  Prior to  the Paris Agreements, the setting-up of the United  Nations
Transitional  Authority in  Cambodia (UNTAC)  and  the establishment  of the
Kingdom  of  Cambodia,  the administration  of  Cambodia  was  shattered and
substantially  dislocated  by  more  than  20  years  of  revolution,   war,
genocide, invasion and international isolation;

  (b)   The Government of Cambodia  faces today, as  it has during the whole
period  of   the  appointment  of   the  Special  Representative,   enormous
difficulties in  re-establishing civil  government (a functioning  competent
administration,  the  rule  of  law,  good  governance  and  an  independent
judiciary  and  National  Assembly)  and  rebuilding  an  effective   public
infrastructure, responding  to the continuing  security difficulties and  to
the needs to encourage economic expansion and regrowth;

  (c)   Some recommendations  may be  adopted or considered administratively
following  discussion  between the  Cambodian  Government  and  the  Special
Representative,  officers of  the  Centre,  human rights  NGOs  and  others.
Other  recommendations  may be  included  in  government programmes,  to  be
pursued when  funds permit.  Recommendations,  e.g., for  the improvement of
the physical  conditions of prisons are  generally welcomed  in principle by

officials  who are obliged  simply to  await funds  to achieve improvements.
Several  NGOs and international  donors have  been encouraged  by the Centre
for  Human  Rights  to  contribute   funds  towards  the  implementation  of
suggestions contained in the reports;

  (d)    The  enhanced  procedures  for  consultation  will,  it  is  hoped,
encourage  earlier  and   more  active  attention  to  the   recommendations
contained in the  reports of  the Special  Representative and  in his  human
rights  recommendations   addressed  to   the  Government.     The   Special
Representative  and the  Centre for  Human  Rights  should also  continue to
contribute  actively  to  encourage  the  community  of donors  to  consider
funding   assistance   to   help   the   Government   to   implement   these
recommendations, as necessary;

  (e)    Notwithstanding  the  above  considerations,  the  failure  of  the
Government of Cambodia to acknowledge and  to respond to the recommendations
and the reports of the Special Representative is less than satisfactory.

14.  The Special  Representative considers that it  is not possible, for the
time being and in the light  of the above, to offer a full evaluation of the
Cambodian   Government's    follow-up   and    implementation   of   earlier
recommendations.   He has  set in preparation  a more detailed  analysis and
evaluation, which will be offered in later reports.  The position should  be
kept under review.

V.  UPDATE ON SELECTED HUMAN RIGHTS ISSUES

A.  Right to health

15.  There have  been few important developments  in the achievement  of the
right  to health  since the  last report.   A  recent report  of the  United
Nations Children's  Fund (UNICEF) has confirmed  that the  quality of health
in Cambodia  has remained one  of the lowest  in the  world.   The budgetary
allocation for  health also remains  one of the lowest in  the world and the
lowest in the region. A draft  law on expired and ineffective pharmaceutical
drugs has been prepared. It was reported to  the Special Representative that
new attention was being  paid to programmes of birth spacing and  population
control.   The appearance  in squatter  communities, visited  by the Special
Representative, of very large numbers of  young children living in  poverty,
receiving little or no education, suggests  the need for continued  national
attention to birth  spacing policies. In the wake  of the war and  genocide,
it  was  understandable  that such  programmes were  not  initiated earlier.
However, they would now clearly be timely.

16.  The national  campaign against the spread  of HIV/AIDS appears  to have
been set  back, at  least in  Phnom Penh,  by the  decision  of the  capital
Municipality to close access  to the Tuol Kork dike brothel area, to  harass
commercial sex workers (prostitutes) and  to remove public posters promoting
the   use  of  condoms.   These  issues   were  discussed   by  the  Special
Representative with the Mayor of Phnom Penh and members and officers of  the
City government.  They were also discussed with  the governors of Kampot and
Kampong Cham  provinces.   The  difficulty  and  sensitivity of  the  issues
raised by the Special Representative are  not underestimated.  Strong public
protests  were said by the Mayor  of Phnom Penh to have  been received about
the posters,  originally  authorized by  the  City  government.   They  were
allegedly  described by  some citizens,  particularly women,  as  "obscene".
Smaller posters are  said to be in the  process of being placed in  brothels
but not on  public display.   The  temporary closure of  the Tuol Kork  road
area has  occasioned vehicular traffic problems  and had  the consequence of
the  opening  of  brothels in  other  areas  of  Phnom  Penh.   The  Special
Representative was informed that a draft  law on kidnapping, trafficking and
exploitation of  persons was nearing  completion.   It seems that  this will
not  now impose criminal  sanctions on  sex workers  previously proposed but
will  provide  such sanctions  for  brothel  owners  and  traffickers.   The
Special  Representative toured Phnom  Penh at  night with  members, Khmer as
well as  international, working with Friends,  an NGO  devoted to assistance

to street children.  He  saw and spoke to young  children, some of  whom had
allegedly been  engaging in prostitution. Clearly,  there is  an urgent need
to establish  and enforce  laws  for the  protection  of  the young  and  to
provide warnings against the dangers of  HIV/AIDS and information about  the
means of  transmission and of self-protection.   The Special  Representative
welcomes a  decision of Cambodian journalists,  reported in  August 1995, to
improve and increase media reportage of the issues of HIV/AIDS.

17.  One of the sites visited  by the Special Representative was  in Chamcar
Bei Village, in the  Kep-Bokor Special District.   In that area, housing  is
being developed  for families  whose members  have defected  from the  Khmer
Rouge  under an amnesty offered by the Government.   A hospital and a school
were  under   construction  during  the   visit.     Although  the   Special
Representative was told of  a number of similar  improvements in the  health
infrastructure  of  Cambodia,  he  received  many  reports  of   substantial
monetary  charges being  made for  health-care  services  by staff,  even in
public hospitals.   Such charges impose a  special burden upon poor families
which have little or no capital or income.


B.  Right to education

18.  The national budget for education remains very low, only 1/12th of  the
total.   Once again the Special  Representative noted  the positive attitude
evidenced  by Government officials,  both in  Phnom Penh  and the provinces,
concerning education in  human rights.  At the  school for police cadets  at
Kep he  gave  a lecture  on  the  subject to  the  new police  recruits  and
answered their questions.   At  a meeting with  the Co-Minister of  Interior
(Mr. Sar Kheng) he commended  the ministry for its  cooperation with efforts
at human rights education of the police, with  the assistance of local human
rights NGOs.

19.    At  Chamcar Bei  Village the  Special  Representative saw  the school
building under  construction for use by  the children  of defector families.
Such developments are most welcome.  However, as in health care, there  were
reports in  other areas  visited that  teachers, unable  to  survive on  the
extremely low  salaries paid by the  State (reportedly  approximately $US 20
per month), are obliged to supplement their incomes by charging for what  in
wealthier societies  would be regarded as  basic education.   The imposition
of such charges especially disadvantages the children of poor families.

20.  In squatter communities visited in Phnom  Penh, NGOs have arranged some
basic education for children  of the communities.   However, in the case  of
most  children  in illegal  squatter  communities,  access  to education  is
extremely restricted.

21.    The  Special  Representative  is  pleased  to  record  the  excellent
cooperation received by the Cambodia office of the Centre for Human  Rights,
from  the  ministries of  Defence, Interior  and Justice.   The  Ministry of
Defence  organized workshops  in the  provinces  for the  Centre's  Military
Assistance  Programme  (see  A/50/681/Add.1; para.  67).    The Ministry  of
Interior  is working with  a number of  Cambodian NGOs  which are conducting
police training (ibid.,  para. 98).   The Ministry of  Justice has  arranged
for  the Centre  to conduct,  in September  and October  1995, human  rights
training for  new judges  (ibid., para.  65).   While in  Kampong Cham,  the
Special  Representative  presented  to  members  of  the  judiciary  copies,
prepared by the Centre for Human Rights, of the laws of Cambodia enacted  by
the National Assembly and  of the human rights  covenants to which  Cambodia
is  a party,  all  of  them in  the Khmer  language.   The  office has  also
provided  human   rights  training   for  the   staff  of   the  new   Youth
Rehabilitation Centre  for Juvenile Offenders.   The Special  Representative
welcomes  the reports  of the  high level  of cooperation  received from the
Director  of   the  Youth   Rehabilitation  Centre,  who   is  the   special
representative of the Co-Prime Ministers.

C.  Right to work

22.    The  Special  Representative  again   commends  the  work  of   NGOs,
international aid organizations  and United Nations agencies in  stimulating
work  promotion  programmes throughout  Cambodia.   He saw  the work  of the
International Labour  Organization illustrated in  the establishment of  the
village  for defector families  at Chamcar  Bei.   He received comprehensive
reports on  the provision  of rice in  various parts of  the country by  the
World Food Programme (WFP) in its Food For  Work Programme.  In  particular,
the Special  Representative wishes  to commend the  work of  the NGO  United
Cambodian  Communities  (UCC) in  Kampot  Province  which  has  successfully
promoted numerous  community-based training  and income-generating  projects
for especially  vulnerable  groups, such  as  women,  war invalids  and  the
handicapped.

23.   It  is  appropriate to  record that  over the  period  of the  Special
Representative's appointment,  there has  been a  noticeable improvement  in
the economic life of Cambodia,  in Phnom Penh and in some of the  provincial
cities  visited.    In  some  rural  areas   of  the  country  the  economic
improvements,  visible  in the  cities  and towns,  is  not  apparent.   The
Special  Representative   considers  that   improved  economic   conditions,
especially  if  extended to  rural  districts,  will  reduce  the risks  and
dislocation  of  security challenges  and  contribute  beneficially  to  the
growth of civil  society.  This  can only  enhance respect  for basic  human
rights.    The  Special  Representative  is  appreciative  of  the  need for
effective political government  in Cambodia in  ensuring the  continuance of
the  economic achievements that have  been made to date.  Those achievements
promise improved investment, job opportunities and work for the people.


D.  Right to housing

24.   The Special  Representative inspected  squatter communities and  their
housing in  Phnom Penh,  both in  the centre of  the city  and in its  outer
suburbs.   He received  detailed briefings  on the  forced evictions carried
out by police  and the armed forces.   Because of the dislocation caused  by
Cambodia's recent  history  - and  in  particular  the forced  clearance  of
cities  and towns, the death  of many landholders, the demobilization of the
armed forces and  the defects and  uncertainties of the land  law -thousands
of Cambodians  have been  forced to  seek shelter  in squatter  communities.
Most of  these involve housing which  is primitive  and makeshift, providing
no  access  to  water and  sewerage  facilities,  regular garbage  disposal,
education  and   other  public  services.     Some  involve   semi-permanent
structures  but  without   assurance  of  continued  right  of   occupation.
According to  information received  by the Special  Representative, many  of
the squatters have been resident in  their settlements continuously for more
than five years,  which entitles them to legal  ownership of the land  under
the  State  of  Cambodia  (SOC)  land  law.    Others  moved  into   already
established  squatters' areas  or formed  new ones  during  the transitional
period or  after the  elections.   Some claim  to have  been denied  housing
because  they  are  not  associated  with successful  political  parties  or
because they  were  orphans,  refugees  or other  disadvantaged  people  who
returned  to the city  or town  too late,  or were too  powerless, to secure
access  to  free housing  in  premises  abandoned  by  their former  owners.
Several typical cases recounted to the Special Representative were:

  (a)   That of a soldier who stated that he had  returned to his village to
find that his farm had  been divided in his absence, forcing him to go  back
to Phnom Penh and to live in a squatter community;
    (b)    That  of a  soldier  in a  former  opposition army  who  had been
reintegrated into society  but had not  been provided with adequate  land or
housing;

  (c)  That of a head  of family who had left his village in 1979 and  could
not make a living upon  his return, as all of his relatives had been  killed
in the previous two decades.

25.  The information  received by the Special Representative from members of
the squatter communities included:

  (a)  Absence of  an overall governmental policy  to deal with the problems
of housing for displaced squatters;

  (b)   Lack of  court authorization  and supervision  of forcible evictions
from  land,  often  performed  with  little  advanced  legal  notice  by the
authorities;

  (c)   Threat and  use of  violence and  loss of  personal property in  the
course of forced evictions;

  (d)  Absence of compensation and  failure to provide suitable  alternative
land for squatters displaced by evictions;

  (e)   Lack  of  water, sewerage  and other  public facilities  to squatter
communities;

  (f)   Lack of  support by  the NGO  community for  squatters.   The  Urban
Sector Group  (USG) is one of the  few NGOs paying specific attention to the
needs of the squatters.

26.     Many  squatters  and   squatter  representatives  whom  the  Special
Representative met during his  mission acknowledged the inevitability of the
removal  of squatter communities  from places  close to  business or tourist
centres.   However, their  complaints concerned  the lack  of recognition of
their rights, including those to advanced  notice and compensation, and  the
manner in which current eviction policies were being effected.

27.  The  Special Representative brought  the concerns of  the squatters  to
the notice of  representatives of the Government.   In particular, he had  a
very constructive  meeting  with the  Mayor of  Phnom Penh  (Mr. Chhim  Siek
Leng) and  the Deputy  Mayor of the  City (Mr. He  Kann).  They  stated that
many squatters had other places to stay  and that they should be returned to
the provinces  to assist in  the harvesting of  rice on their  farms.   Some
funding  to  return those  removed from  squatter settlements  was provided.
However,  it  was acknowledged  that  many of  those  forcibly sent  to  the
provinces quickly found their way back to the capital city.

28.   The  Special Representative  also  examined  the special  problems  of
street people and street children.  A national  policy to clear such persons
on  a voluntary  basis  from the  streets,  parks and  other  public  places
through an  Inter-Ministerial Commission appears  to have been  supplemented
by a so-called  "immediate plan" aimed  at a  more rapid  expulsion of  such
people from Phnom Penh by the  capital's administration.  The  given reasons
for this "plan", which has been effectively implemented, were the needs to:

  (a)  Reduce petty crime and disorder associated with such persons;

  (b)  Remove the  affront to the "honour"  and to the  improving appearance
of the City as a business and tourist attraction;

  (c)  Act  during the rainy  season when street  people have  little or  no
shelter against heavy rain and become prone to illness.

The Special  Representative received vivid  descriptions of  the round-up of
street people.  In  his own observation,  there were many fewer such  people
visible in Phnom Penh, including fewer street children, in August 1995  than
during previous missions.

29.  The  Special Representative acknowledges  the acute  difficulties faced
by the Mayor and  officers of the Municipality of Phnom Penh in dealing with
squatters and street people.  It is important, however,  to keep in mind the
requirements of  article 11, paragraph 1,  of the  International Covenant on
Economic,  Social  and  Cultural  Rights,  to  which  Cambodia  has acceded;

article 25, paragraph 1,  of the Universal Declaration  of Human Rights; and
resolution  1993/77  of   the  Commission   on  Human  Rights,  on   "forced
evictions", which have  been brought to  the notice  of the  Mayor of  Phnom
Penh by the  Centre for Human Rights in  the past.   Furthermore, in respect
of  the  rights  of  children  in  vulnerable  groups,  article  27  of  the
Convention on  the Rights of  the Child, to  which Cambodia  has acceded, is
relevant, as  is article  44  of  the Cambodian  Constitution.   The  latter
protects private  property.   It  requires  fair  and just  compensation  in
advance of any  confiscation.   Article 74  of the  Land Law  of the  former
State of Cambodia, not  repealed or amended, grants legal ownership to  land
to persons  who have temporarily and  peacefully possessed the land for five
consecutive   years  or  more.     Many   squatters  seen   by  the  Special
Representative appear  to fall  within the  terms of  this law but  have not
been given its protection.


E.  Right to a healthy environment and to sustainable development

30.  The Special Representative continues to  receive reports of the  large-
scale export of timber from Cambodia  despite the prohibition on  unlicensed
logging imposed  by the  Government of Cambodia as  from 1 January 1995.   A
substantial export  trade reportedly continues,  including from areas  still
controlled by the Khmer  Rouge in western  Cambodia.  This trade  undermines
the Government's  commitment to control logging  and to confine  it to cases
of  responsible reforestation.   It  helps  fund  the continued  armed anti-
Government activities of  the Khmer Rouge.  It  also has serious effects  on
the  environment,  with  grave  consequences  for  the  rice  harvest,  soil
erosion,  survival of fauna and flora  and the economic life of  most of the
population in Cambodia.

31.   The foregoing concerns have  attracted the  attention of international
observers, such as the Chairman of the United States Senate Subcommittee  on
East Asian  and Pacific Affairs  (Sen. C. Thomas) (United  States Senate, 21
July  1995) and NGOs,  such as  Global Witness (see  "Thai-Khmer Rouge links
and the illegal trade in Cambodia's timber",  July 1995).  In a statement on
3  August 1995, the First Prime Minister of  Cambodia (H.R.H. Prince Norodom
Ranariddh)  expressed  the  Government's  concern about  the  state  of  the
environment  and deforestation in  Cambodia.   He stated  that firm policies
had been  adopted to deal  with illegal felling  of trees,  their export and
sale.    He  stated  that   a  logging  contract,  awarded  to  the  Samling
Corporation,  would provide  40,000 jobs  and  provide  timber only  for use
within Cambodia  in strict  compliance with reforestation and  protection of
the environment.   This issue will continue  to receive the close  attention
of  the  Special  Representative.    Some  of  its  implications,  which are
relevant to  the mandate  of the  Special Representative,  have been  raised
with a neighbouring country for comment.


F.  New laws and practices

32.   The Special Representative  notes that an  Immigration Law  (but not a
law  on  nationality  or  refugees)  has  been  enacted.    Defects  in  the
Immigration   Law,  noted  in   earlier  reports,   remain.     The  current
implementation  practices   also  give  rise  to   concern.    The   Special
Representative also notes  that the Press Law has been enacted.  Some of the
defects,  noted   in  earlier  reports,   remain.  Anticipated   subordinate
legislation, to define  terms in that  law, has  not yet  been enacted  (see
sect. G below).  One  law, the Law Regulating the  Civil Servants, passed in
October 1994,  contains an article  51 that provides  a measure of  immunity
from prosecution  to all civil servants in  certain cases.  The law needs to
be revised (see chaps. V and VI below).

33.  Another important law enacted by the  National Assembly since the  last
report  is the Law on the Bar Association.   As originally proposed, the law
would have  inhibited or curtailed  the work of  the human rights  Defenders
who have  been trained  to represent  accused persons  in Cambodian  courts.

Such  Defenders frequently  appear in cases involving  human rights concerns
and  usually without  fee.   Such  Defenders  have performed  very important
work.   The  proposal  to withdraw  their  rights  of  audience in  criminal
proceedings in Cambodian courts  was opposed by many persons and bodies.  It
was  the   subject  of  a  human   rights  recommendation   by  the  Special
Representative to the  Government (see annex II,  HR REC 5/95).  Eventually,
as a  result  of  amendments  adopted  by  the National  Assembly,  the  law
permitted Defenders to continue  to practise in such cases until the end  of
1997.   It is expected  that by that  time the first  law graduates will  be
ready for  practice.   The need  for more  public Defenders  is unlikely  to
abate.   The  law  will need  to be  reconsidered  as the  current  extended
deadline approaches.  It is the view of  the Special Representative, and  of
the Cambodian judges  with whom he  discussed the  work of defenders  during
his  sixth mission, that the assistance of an  experienced defender is often
essential  for the proper  performance of  the judicial  function in serious
criminal trials.

34.  Pending draft laws of relevance to human rights include those on  anti-
corruption,  labour, kidnapping,  trafficking and  exploitation  of persons,
associations,   control  of   pharmacies,  anti-personnel   land-mines   and
nationality.

G.  Independence of the judiciary and the rule of law

35.  Most of  those problems relevant  to the independence of the  Judiciary
which  were  recorded in  earlier  reports  of  the Special  Representative,
remain  to be  resolved.   A  fundamental  problem  is  the provision  of  a
judicial  salary of 50,000  riels per  month (about US$ 20).   As previously
reported,  this is  totally inadequate  to secure  both the  reality and the
appearance of the independence  of the judiciary in  Cambodia.  It  is clear
that  judges' legal  skills have  greatly improved  in the  past  two years.
However, the opportunities  available to medical practitioners and  teachers
to supplement their income  by fees or other  means should not  be available
to judges.  Cambodia's judges sometimes  deal with cases involving extremely
valuable property.   Thus, in a  case before the  Cambodian courts when  the
Special  Representative was  in Cambodia,  accused were  brought before  the
Court charged with importing heroin alleged to be worth millions of  dollars
in  street value.  The  reality and appearance of independence and integrity
require that judges be  put beyond the temptations  of corruption.   This is
next  to impossible if they are  in any way  dependent for their income upon
those who are brought before them.

36.    The  Special  Representative  discussed  the  foregoing problem  very
candidly with judges.   They pointed to the monthly salary voted by  members
of the  National Assembly to  MPs amounting to  the equivalent  of about US$
1,800 per month.  The  judges suggested that a monthly  salary of an  amount
equal  to  about  $400  per  month  would  be  appropriate  for  judges  and
prosecutors.  According to  the Ministry of Justice there are currently  135
magistrates in Cambodia. Another 42 judges  are undergoing training.   Under
the  Constitution  and law  of  Cambodia,  judges  are  not civil  servants.
However,  many  complaints and  suggestions  critical  of  alleged  judicial
partiality,  and  even  corruption,   have  been  received  by  the  Special
Representative.   While  many of  them  are  doubtless baseless,  until  the
levels  of  the   salaries  of  judges  are  significantly  increased,   the
allegations will  continue to  be made  and accepted  by the  public. It  is
essential  to an  independent judiciary  that  it  be manifestly  beyond the
actuality or  appearance of temptation  to corruption.   Judicial corruption
strikes at the foundation of the rule of law.

37.  One matter  pertinent to the observance  of the  rule of law which  was
the subject of representations by and  to the Special Representative  during
his sixth  mission concerned  the  expulsion  of a  member of  the  National
Assembly.   When the  member proceeded to  the Municipal  Court to challenge
his  removal from his  party, prior  to his expulsion from  the Assembly, it
ruled that it did not have the jurisdiction to entertain the challenge  (see
also para.  49 (a) below).   Because the Constitutional Council envisaged by

the Constitution  of  Cambodia  has  yet to  be  established, there  was  no
judicial  body in  Cambodia  with the  jurisdiction to  rule authoritatively
upon the constitutionality of the expulsion.

38.   The difficulties of  rendering powerful persons answerable to the rule
of law continues in the ways mentioned in  previous reports.  However, there
are new cases and problems.  These include the following:

  (a)  Very frequent reluctance by the  police to arrest, and by  the courts
to charge,  persons holding  military office  even for  serious and  obvious
criminal offences  and even  when caught  in the commission  of the act.   A
notorious case of this kind was that involving Lt. Col. Sath Soeun.   In May
1995, he  was acquitted by the Kampong Cham Court of a charge of murdering a
journalist  in respect  of which  there  was  strong circumstantial,  but no
direct,  evidence.  On 25 July  1995, in the presence of  several police and
Gendarmerie officers,  he allegedly  outrightly killed  a 16-year-old  youth
named  Pao, who  was  suspected of  burglary in  a  house in  Kampong  Cham.
Having allegedly  cornered the youth  in the house,  it is  claimed that Lt.
Col. Sath Soeun deliberately  opened fire at  very close range on the  youth
with the  intention of killing him.   As the youth was still alive, Lt. Col.
Sath Soeun  is said to have  returned to  the boy and finished  him off with
three  more bullets, two of which  hit him in the back of the neck.  Instead
of arresting  Lt. Col.  Sath  Soeun for  this obvious  homicide, the  police
allowed  him to depart.   When  an arrest warrant was  issued by the Kampong
Cham  Court, the accused decamped.  He was reported  to have fled to another
province.  He was  still at large when the Special Representative  discussed
the  case  with  officials in  Kampong  Cham  and with  the  Co-Minister  of
Interior;

  (b)   The  difficulty of  securing the  extradition  or return  of accused
persons from other provinces to the province of the court of trial has  been
reported to the Special  Representative by many judges and prosecutors.   In
default of  proper budgetary provisions to secure the execution of a warrant
of arrest in another  province, the court or  prosecutor is often obliged to
rely on the provision of funds by the family of the victim or complainant;

  (c)  There  appears to be no effective remedy  to oblige a person to  give
evidence  as  witness before  the court  and, under  penalty of  default, to
return to the court of trial to give evidence in a trial;

  (d)   In October  1994, the National  Assembly enacted  the Law Regulating
Civil  Servants.    Article 51  of  that  Law  provides  a  wide measure  of
effective immunity to  all civil servants.   In the cases specified,  unless
the Council of Ministers  or the ministers consent, a civil servant may  not
be proceeded against except  in case of an offence  where he or she has been
apprehended   in  the  course  of  committing  the  offence  or  immediately
thereafter.  This law, which may have been  designed to reduce inconvenience
imposed  on the  hard-pressed Cambodian  administration,  or to  prevent the
abuse of process against high officials,  has, as the Special Representative
was  informed  in  many  instances,  led   to  an  effective  immunity  from
prosecution  of  persons  whose  designated  superior fails  or  refuses  to
respond to the relevant  court's request for the issuance and execution of a
warrant.  There is  also uncertainty as to whether the definition of  "civil
servant" in  the  law includes  military  officers.   However,  the  Special
Representative  was informed that  in some Cambodian courts accused military
were taken as  being within the requirement of  the law.  Interpretation  of
this law  varies considerably.   The  Ministry of  Justice has  attempted to
alleviate the  problem by enacting  subordinate legislation.   However,  the
Special Representative was informed, in at least one court, that the  judges
(properly in  his view)  did not  consider that  the Minister's  instruction
could lawfully override  the law made by the National Assembly and expressed
in  apparently clear  terms.   It is  unfortunate that  those terms  are  so
discriminatory.  They have the effect of  relieving persons in authority  of
the operation  of equality before the  law.  This  problem was  drawn to the
attention of the Minister of Interior and the Minister of Justice.
  H.  Prisons and other custodial institutions

39.  During his  sixth mission the Special Representative visited prisons in
Kampot and in Kampong Cham.  Each was in a very poor state of repair.   Each
requires  the  investment  of  considerable   funds  to  improve  the  basic
buildings and facilities for prisoners and officials alike.

40.  The prison of  Kampot comprises a number of  dilapidated buildings in a
poor state of repair.  Some cells were disused because  of leaking roofs and
collapse of  concrete benches.  In  a break-out in  May 1994, two  prisoners
were killed  by a prison  guard.   Allegedly the  two, who had  raised their
hands in surrender, were shot  at very close range and killed by the  guard,
who was  under  no threat.   No  sanction, administrative  or judicial,  was
taken  against the guard, who is still  in service in the prison.   The case
was  brought before  the  court,  which  ruled  that  there was  not  enough
evidence to  prosecute  the guard.   The  discipline  of  the prison  became
extremely  strict following another  prison break-out,  in June  1995, of 13
prisoners, only  2 of  whom had  been recaptured.   Prisoners in  Kampot, to
whom  the  Special  Representative  was  afforded  private  access  upon  an
undertaking  of  non-retaliation,  complained  about  collective  discipline
which, they said,  had been  instituted since  the dismissal  of the  prison
commander after  the escapes.  Matters  brought to  the particular attention
of the Special Representative included:

  (a)  The use of  one dark cell (and the existence of several others)  with
only a  small shaft  of light,  for specific  discipline and,  allegedly, on
first arrival in the prison as a warning and inducement to good discipline;

  (b)  The  use of iron leg  shackles, which were seen  in the dark  cell in
use and are apparently in regular use;

  (c)  The shortage of time allowed to prisoners to be outside their cells;

  (d)   The lack  of educational  facilities, newspapers  and other  reading
matter and sporting facilities;

  (e)   The difficulties  in securing  contact  with human  rights NGOs  and
defenders unless initiatives are taken by  relatives or friends outside  the
prison;

  (f)  Uncertainty about the date of trial.

After  discussion with  the  Special Representative,  the  prison  commander
undertook to endeavour to ameliorate the above strict regime.

41.   The  prison at  Kampong Cham  was even  more unsatisfactory.   It  was
formerly a school building and its  security arrangements and facilities are
also completely unsatisfactory.  Fear of  the escape of prisoners had caused
the Prison Commander to require that the prisoners be locked in their  cells
for extended  periods of  time (allegedly  23 hours  a day).   Although  the
cells are large  and the conditions not as  cramped as at Kampot, the  dark,
damp  conditions  observed by  the  Special  Representative  were  extremely
unhealthy.  Toilet facilities were primitive.   Prisoners, whom the  Special
Representative was  permitted to  interview  in private,  complained of  the
length  of their  confinement  to cells,  the lack  of  time for  sport  and
exercise, the lack of facilities for  medical treatment (two young prisoners
complained  of untreated syphilis) and virtually complete lack of diversion.
As a result of the intervention of the  provincial office of the Centre  for
Human Rights, arrangements had been made with WFP  for a supplement of good-
quality rice.  However,  this temporary facility will  shortly expire.   The
earlier dietary provision was reported to  be unsatisfactory.  The condition
of  the  female  prisoners was  marginally  better.    As  a  result of  the
intervention of  the Centre's  provincial office,  the female  prisoners had
been trained  in machine  sewing.   They showed  the Special  Representative
samples of clothing  they had made.   The  condition of  facilities for  the
guards was  also  poor.   The  District  Police  Commander  and  the  Prison
Commander appealed  for a supply of  medicines for use  by the prison  nurse
and for help in the provision  of a generator for electricity for the prison

and  well digging equipment  for access  to water which, in  the dry season,
must often be purchased from water vendors.

42.   The Special Representative  takes note of  the ongoing preparation  of
prison regulations by the Ministry of  Interior and the assistance  provided
by the Centre for Human Rights.  An  Australian Aid Agency (AUSAID)  mission
has also visited Cambodia to assess the needs in the  area of prison reform,
among others. This is particularly important owing to the rapid rise in  the
number of inmates in Cambodian prisons,  particularly since the beginning of
1995.  According to  the Prisons Department, the  total number of inmates at
the time  of the  visit was  around 2,500.   A number of  prisons, including
Prey Sar in Phnom  Penh, Kampong Speu  and Kampong Chhnang, suffered  severe
water shortage during the dry season.

43.    A  major   prison  escape  occurred  in   Siem  Reap  in   May  1995.
Approximately  51  prisoners escaped,  28 were  recaptured and  2 died  as a
result  of bullet  injuries during  apprehension.    A number  of recaptured
inmates were allegedly tortured after recapture.  An internal  investigation
conducted by the Ministry of Interior  reportedly concluded that the  escape
was made possible  through negligence on  the part of  the prison  officers.
No conclusion however was reportedly reached  on the allegations of  torture
which were brought to  the attention of the investigation team.  The results
of the investigation have not been made public.


I.  Freedom of expression and the Press Law

44.   The Special  Representative welcomes  the continued  activity of  many
media outlets  in Cambodia.  There  are over 50  electronic and print  media
outlets in regular operation.  He also welcomes  the continued good work  of
the  Cambodia  Communication  Institute, a  project  of  the  United Nations
Educational,  Scientific and  Cultural Organization (UNESCO)  funded through
the International  Programme for the Development  of Communication.   It has
organized conferences and seminars  and published important documents in the
Khmer language  for use by and  in the  press, including a copy  of the Alma
Ata Declaration  on Promoting  an Independent and  Pluralistic Asian  Media.
An  Asia-Pacific  Regional Conference  organized under  the auspices  of the
International   Federation  of   Journalists  and   hosted  by   the   Khmer
Journalists' Association, was held  at Phnom Penh from  24 to 28  July 1995.
It  was  addressed  by  several  Cambodian  leaders  and  attended  by  many
journalists.    Its  closing  consensus  statement  emphasized  that   media
scrutiny  of the exercise of  political power was essential  in a democratic
society;   that  all  media   laws  should   conform  to  international  and
constitutional  standards; and that  journalists themselves  have a  duty to
work to  the highest professional  standards.  The  latter was  a point made
earlier  by the Special  Representative at  a joint  UNESCO-Centre for Human
Rights Round  Table on  Journalistic Ethics  and Defamation,  held at  Phnom
Penh on 27 January 1995.

45.    The  Press  Law, which  has  been  the  subject  of  several  written
representations and  recommendations to  the Government as well  as previous
reports by the Special Representative, was  adopted by the National Assembly
on 18  July  1995.   The  final  text  of  the  Law contained  a  number  of
improvements  upon  earlier  drafts,  which  are  welcomed  by  the  Special
Representative  (see also  A/50/69/Add.1,  paras. 33-35).    However,  there
remain provisions  in the  law which give  rise to serious  concern.   These
have been shared in  writing and orally with  the Government of  Cambodia by
the Special  Representative (ibid., para.  34) (see also  sect. VI,  H below
and annex II, HR REC 24/94 and 7/95):

  (a)   It is  still unclear  whether the  law, which  contains a  provision
purporting to  repeal  earlier laws  relating  to  the press,  excludes  the
operation of the  provisions of the Penal  Law which allow  for imprisonment
of  journalists,   among   others,   for  defamation,   disinformation   and
incitement;

  (b)  The definition of "national  security" was removed, leaving  offences
by the media in this regard undefined and potentially unclear;

  (c)   Similarly,  the provision  for  offences  in relation  to "political
stability" was undefined, the phrase not being a legal term;

  (d)   The power  given to  the Ministries  of Information and  Interior to
confiscate newspapers and for the Ministry  of Information to suspend  press
organs without authority of a court order is clearly undesirable;

  (e)  The  provision for prohibiting "humiliation of national institutions"
is contrary to the Constitution  and established international  human rights
norms, which protect individuals and people and not institutions.

46.    During 1995,  as  at the  time  of writing,  no  journalist  has been
imprisoned  or killed  in Cambodia  for reasons related  to the  exercise of
freedom of expression.  However, no one has  been punished for the murder of
two journalists in September and  December 1994.  In the case of the  murder
of Noun Chan, editor  of the newspaper Samleng Youvechun Khmer (Voice of the
Khmer  Youth),  two suspects  were  arrested  by  the  Phnom Penh  Judiciary
Police.   However, contrary  to law,  they were  detained incommunicado  for
over 40 days, thereby  exceeding the legal delay  of 48 hours, without being
brought before a judge,  and while under such  detention they were allegedly
forced  to confess  their  guilt.    They  were  eventually brought  to  the
Prosecutor's office.  The  Court ordered their  release as it could find  no
evidence  against them.   No action,  administrative or  judicial, was taken
against the  police officers responsible for  their illegal detention,  ill-
treatment and forced  confessions.  No one else has to date  been brought to
justice  for the murder  of Noun  Chan.   In the case  of the  murder of Koh
Sontapheap (Island of Peace) newspaper journalist  Sao Chan Dara, a suspect,
army Lt. Col. Sath Soeun,  was tried and found innocent by the Kampong  Cham
court.
  47.  Cases of  restrictions of freedom of  expression continue to  come to
the  attention  of  the   Special  Representative  and   appear  to  involve
departures from the norms contained in  the provision of the Constitution of
Cambodia and  in  article 19  of the  International  Covenant  on Civil  and
Political   Rights,  which  Cambodia   has  ratified.    These  include  the
following:

  (a)    The  suspension  of  publication  by  administrative  order,  on 15
February 1995, without court order, of the  newspaper Odom Kete Khmer (Khmer
Ideal) "until the new Press Law is adopted".   This purported order  appears
to have violated the  then existing law  limiting any such suspensions to  a
period  of  30 days.    It  was  the subject  of  a  representation  to  the
Government by the Special Representative;

  (b)  The conviction and the  sentence to a large fine of the editor of the
newspaper Samrek Reask Khmer (Cry of Khmer People)  on 21 February 1995, for
publishing two articles expressing strong political opinions, although  with
the use of insulting words;

  (c)  The conviction  and sentence to  one year's imprisonment and a  large
fine on 27 February 1995 of Mr. Chan  Rattana, the editor of Voice  of Khmer
Youth, for  the expression of  opinion, although with  the use of  insulting
words. The  journalist has  appealed against  his sentence,  which has  been
suspended pending the determination of an appeal;

  (d)   The conviction and  sentence to a  large fine of  the editor of  the
newspaper Khmer Ideal on  19 May 1995, for publishing an article  expressing
political  opinions.   Non-payment of  the fine would  result in  a two-year
sentence.   The  newspaper  was  also shut  down.    The sentence  has  been
suspended pending appeal;

  (e)  The conviction  and sentence to  one year's imprisonment and a  large
fine of the editor  of the newspaper Sereipheap Thmei (New Liberty News)  on
20  May  1995,  for  publishing   an  article  expressing  strong  political

opinions. Non-payment of the  fine would add  another year to the  sentence.
The newspaper was also  shut down.  The sentence has been suspended  pending
appeal;

  (f)   On 22 June 1995, a  member of the National Assembly  of Cambodia and
former  Minister, Mr.  Sam Rainsy,  having  been  expelled by  the political
party in whose interest  he had been  elected to the National Assembly,  was
removed from  the Assembly.  He claimed that the expulsion had arisen out of
his  expression of opinion  both within  and outside  the National Assembly.
This  case is dealt  with below (see para.  49 (a)).  In  his statement on 3
August 1995,  the First Prime Minister  explained the expulsion as being the
result of the member's  failure to "toe the ...  Party line" and  to resolve
any  issues within the party apparatus and not to fight it in public, giving
unwarranted advantages  to  undesirable elements.    It  is not  unusual  in
democracies for members of political parties  to sacrifice certain rights to
uninhibited  expression for  the sake of  party unity. This  can be inferred
from party membership.  What was unusual in  this case was the expulsion  of
the member  from the National  Assembly and the  failure of  the Assembly to
afford  the member  the right  to be  heard in  his own  defence before this
serious step was taken;

   (g)   The  arrest on 5  August 1995 in Phnom  Penh of six  men for flying
balloons and distributing  pamphlets in a public place concerning  political
affairs.  The men were detained  without charges at the  Municipality Police
Commissariat  until 11 August  1995, when  they were  transferred to prison.
They  were not brought  before a judge until 16  August 1995.  The pamphlets
concerned  were  read,  in  English-language  translation,  by  the  Special
Representative.   They contain  no apparently inflammatory language nor were
they  an apparent  incitement to  unrest.   In the  opinion of  the  Special
Representative,  they  are  merely  the  peaceful  expression  of  political
opinions.   In addition,  the failure  to bring the accused  within 48 hours
before a judge upon charges  filed by a  prosecutor appears to have been  in
breach  of Cambodian  law, as  well as  of  article  9 of  the International
Covenant on  Civil and  Political Rights.  4/   On 16 August,  the six  were
detained by a judicial order for four  months under article 60 of  the UNTAC
provisions  relating  to  the Judiciary  and  Criminal  Law  and  Procedures
applicable  in Cambodia  for incitement.  The  Special Representative, while
on his  sixth  mission, made  representations  both  orally and  in  writing
regarding the rights of the accused (see annex II, HR REC 9/95).


J.  Right to be elected and to take part in Government

48.   In his  last report  (A/49/635), the  Special Representative expressed
concern at the widely  reported threats to members  of the National Assembly
who had expressed, both within and  outside the Assembly, opinions differing
from those of  the Government.  The existence  of such threats was  disputed
by the Government of  Cambodia.  The Special Representative must now  report
on further  developments relevant  to the  right to  be elected and  to take
part in government.

49.   The Special Representative wishes to stress, as he did at all official
meetings  at which  this  issue  was  discussed,  that  it  is  neither  his
intention nor his  responsibility to become involved in Cambodian  political
affairs.   In accordance  with his  mandate, the  Special Representative  is
concerned with this  matter only in so far  as it may  imply deviations from
internationally recognized human rights norms.   The new developments are as
follows:

  (a)   On 22  June 1995, the National  Assembly, without permitting debate,
expelled  a  member  originally  elected  as  a  member  of  the Constituent
Assembly from  Siem Reap.   The  member, Mr.  Sam Rainsy,  had earlier  been
expelled  from  the  United National  Front  for  an  Independent,  Neutral,
Peaceful and Cooperative  Cambodia (FUNCINPEC) party, the largest  political
party represented in the National Assembly and the party of the First  Prime
Minister.   The right of a political party to expel a  member from it is not

doubted.   The issue  presented by  the case  is the legality  of the action
taken by  the National Assembly and  its implications for  the protection of
human rights  in  Cambodia.   The existence  of  a  strong, independent  and
National Assembly which respects the law  is selfevidently essential to  the
effective  protection of  human  rights  in Cambodia.  The  Constitution  of
Cambodia, in its article 95  provides for only three cases  of removal of an
elected  member, viz.,  death,  resignation  and departure  (i.e., from  the
National  Assembly).   There  is no  fourth case,  i.e.,  of loss  of  party
membership.  This constitutional scheme has  been confirmed and repeated  by
the use of similar language in the UNTAC Electoral Law, article 78 (2),  and
the internal rules of the National Assembly itself, principle 83.  For  such
a serious  step as expulsion  of a member,  in such  circumstances, it would
have been expected that  an express ground would have been provided, if such
had been  intended.   The Special  Representative drew  this  advice to  the
attention of  the Government  and the  National Assembly  in May  1995.   He
repeated  it  in oral  explanations at  a  lengthy session  at the  National
Assembly on 11  August 1995 at  which he  was privileged  to meet the  First
Vice-Chairman  of  the National  Assembly,  Mr.  Loy  Sim  Chheang, and  the
chairmen and other members  of the Commissions of the National Assembly.  On
26 July 1995,  the Special Representative was also  obliged to bring to  the
notice  of  the  Government  of  Cambodia  allegations  of  unlawful arrest,
detention and  ill-treatment performed  by persons,  apparently in  military
uniform, on  the house guards of  the expelled member,  which took place  in
Phnom Penh on 13 July 1995.  So far, no redress  has been provided for these
complaints of assaults and arrests;

  (b)  Following the above expulsion, a factional  dispute broke out in  the
Buddhist Liberal Democratic Party (BLDP), the  smallest of the three parties
in  the coalition  Government.   After  a threat  to expel  a member  of one
faction from the party (with the danger, upon  the above precedent, of  loss
of  his seat  in the  Assembly), moves  were taken  to expel  from BLDP  six
members  of  another faction  who  are  members  of  the National  Assembly.
Concern  about  this  possibility and  its  implications  for the  continued
effectiveness  of  the  National  Assembly  were  expressed  by the  Special
Representative to  members of  both factions  of  BLDP and  to the  National
Assembly  members present at  the meeting  on 11  August 1995,  as described
above.  This concern  was further expressed to His Majesty King Sihanouk and
to  the Chairman of the National Assembly, Mr. Chea  Sim, on 16 August 1995.
During the Special  Representative's sixth  mission to  Cambodia, and  while
these developments were occurring, one  member of BLDP died  in the National
Assembly building, reportedly by suicide.  One  of the notes allegedly  left
by him referred  to his distress about party  disunity.  It also referred to
the Special  Representative's publicly  revealed concerns,  i.e., about  the
expulsion of members from the National Assembly.

50.   There was an earlier case involving an elected  member of the National
Assembly, but he  never took office  or was sworn  in as a  member, so  that
case  was not a true case of expulsion of a sitting  member.  Although it is
also  true, as  claimed,  that  the issue  is  one of  internal politics  of
Cambodia,  it is  also  one raising  the fidelity  of  Cambodia to  its  own
Constitution and  laws protective of human  rights and  to the international
human  rights treaties  which Cambodia  has subscribed,  as  well as  to the
Paris Agreements. 5/

51.  Annex  5 of the Paris Agreements  includes a commitment of Cambodia "to
follow a system  of liberal democracy on the  basis of pluralism".   This is
enshrined in  the Constitution of Cambodia,  article 50.   Such a commitment
was repeated  in June 1995,  before the  vote to exclude Mr.  Sam Rainsy, by
the President of the National Assembly, Mr. Chea Sim.  Other societies  have
successfully organized  their political  life on different bases.   However,
the  Constitution  and  laws   of  Cambodia  reflect  faithfully  the  above
commitment contained in  the Paris Agreements.   Because  the Constitutional
Council has not been established, any  member purportedly expelled from  the
National  Assembly  upon  loss  of  party  membership,  could  not  seek  an
authoritative ruling  on the constitutionality  of such a  move.  The  Phnom
Penh  Municipal  Court  dismissed  as  beyond  its  jurisdiction  the  legal

challenge to the expulsion  from the party  by the expelled member.   During
his mission  to Cambodia the Special  Representative continued  to press, as
he has  in  the  past,  for  the  earliest  possible  establishment  of  the
Constitutional Council.

52.     The  Special  Representative's  concerns  about  the  expulsion  and
threatened expulsions  of members of the  National Assembly  of Cambodia are
entirely  unconnected with the  personalities of  the particular  members of
the National Assembly involved or their  respective political policies.  The
concerns  of the Special  Representative relate  to the  precedent which has
been set;  the fear that  it will effectively transfer  political power from
the  people at public  elections to  private meetings  of political parties;
the danger that fear  of expulsion by  the party will discourage dissent  or
serious  debate  on  important  issues  in  the  Assembly  (including  those
relating  to  human rights);  and  the  condonation  by  the legislature  of
Cambodia of  an apparently serious  departure from constitutional  legality,
essential to the rule of law.


K.  Vulnerable groups, including women, children and minorities

53.  The Special  Representative welcomes the  continued discussion  between
the Governments of Cambodia  and Viet Nam of  the bilateral issues affecting
both countries, including  the issue of  the rights  of the minority  ethnic
Vietnamese population in Cambodia.   He is still awaiting the enactment of a
nationality law and subordinate legislation for  refugees, which would be in
conformity with the Constitution and relevant United Nations conventions  to
which  Cambodia is  a  party.   Shortly  before the  arrival of  the Special
Representative in Cambodia for his  sixth mission, it was  announced that 13
families of  the approximately  90 ethnic  Vietnamese boat  people at  Chrey
Thom  had   been  allowed  to  return  to  their  homes   in  Cambodia  upon
establishing,  through  their   family  papers,  a  substantial  period   of
residence  in Cambodia.   The Special  Representative, who  has made several
representations  about the  issue  and  visited the  floating encampment  of
Chrey Thom  twice  during earlier  visits,  welcomes  this development.  The
majority of  the  people at  Chrey Thom,  estimated  at  2,500, still  await
relief  from  their predicament.   The  Special Representative  continues to
monitor developments closely in this sensitive area.

54.  In  his meeting with  the Co-Minister  of Interior, Mr. Sar  Kheng, the
Special Representative raised  concerns about certain directives which  have
delegated power  to provincial and municipal authorities to register, detain
and expel  "illegal  aliens"  without  taking into  account  procedures  and
safeguards as stipulated in the Immigration Law.  The lack of a  nationality
law renders  it impossible  to determine  legally who  is an illegal  alien.
The Special Representative  has been promised  by Mr.  Sar Kheng that  these
directives  would  not  be  implemented,  which  would  result  in  the mass
detention  and collective  expulsion of  "illegal  aliens", which,  in turn,
would  be contrary  to the  International  Covenant  on Civil  and Political
Rights.

55.  During the sixth mission,  the Special Representative concentrated  his
attention upon the  rights and needs of children.   According to UNICEF,  of
the  Cambodian population  of approximately  9.7  million, 4.5  million  are
under 16  years of age.   Approximately 1.5 million are under  the age of 5.
The Special Representative pays tribute to  the Ministry of Social  Affairs,
Labour and Veterans Affairs, Cambodian  NGOs, UNICEF and other international
and local agencies and  NGOs for their work  for the improvement and defence
of  the  rights  of  Cambodia's  children.    According  to  UNICEF figures,
Cambodia's  infant  mortality  rate  is  the  highest  in  South-east  Asia.
Article 48 of  the Constitution  provides that the  State shall protect  the
rights of  children as  stipulated in the  Convention on the  Rights of  the
Child.  Cambodia ratified that Convention on  15 October 1992.   Translating
these aspirations into practice is the challenge before Cambodia.

56.   The  Special Representative  visited  orphanages  in Kampot  and Phnom

Penh.   He met Government ministers  and officials,  representatives of NGOs
and others concerned  in children's projects.   He  met street children  and
had many  opportunities to  speak to  Cambodian children  as  well as  those
concerned about their welfare.

57.    The  chief  concerns  which  engaged the  attention  of  the  Special
Representative with  regard to  vulnerable groups  during the  sixth mission
were:

  (a)    Orphans.   There  are  29 Government  orphanages  in  Cambodia  and
numerous  private  institutions  operating  under  Government   supervision.
Problems arise  when occupants  in  the orphanages  reach 18  years of  age.
Funds  are not available  for the separate care of  adults.  The Ministry of
Social Affairs, Labour and Veterans Affairs  is currently planning to  draft
an  adoption law  in consultation  with the  Centre  for  Human Rights.   At
present,   adoption,  including   adoption   by  foreigners,   is   arranged
administratively,  without  the  detailed   requirements  which  typify  the
procedure in other countries;

  (b)   Education.   Although  the Constitution  in its  article  68 commits
Cambodia  to free  primary and  secondary  education  for all  children, the
education budget  is low  (see para. 18  above).  Educational  attendance in
provincial districts is much  lower than in urban areas.  There continue  to
be high drop-out rates.   There is a clear need for attention to the special
education needs of females,  handicapped children and children from minority
ethnic communities.  Many  commentators stressed  the  need  to improve  the
salaries of teachers;

  (c)   Sexual exploitation and  trafficking.  This  topic has been referred
to in earlier reports of the Special Representative.   Although in 1990  the
number of commercial sex  workers in Phnom Penh  was estimated at 1,500, the
number  increased rapidly  during the UNTAC-supervised  transitional period,
which allowed an opening of the country after almost a decade and  a half of
international isolation.  The Cambodian Women's Development Association  now
estimates that  that number has increased  to 17,000, of  whom about 35  per
cent are girls aged between  12 and 17.  There  is no legally  specified age
of consent for sexual  intercourse provided by criminal law; however, it  is
generally  taken  to be  18  years.    The  Special Representative  received
reports of kidnapping and trafficking in virgin children  and of girls of 12
years  and  younger  being  sold  into  prostitution  by  poor  families  in
provincial districts.   The  spread of HIV/AIDS  renders these  developments
especially worrying;

  (d)    Juvenile  justice.    The   Special  Representative  welcomes   the
Government's acknowledgement  of the need for  a special  policy on juvenile
justice and the establishment of a  Youth Rehabilitation Centre to avoid the
commitment  of young  offenders  to Cambodia's  unsatisfactory prisons.   In
Kampong Cham prison the Special Representative spoke to a prisoner who  gave
his age  as  15 but  who  prison  officers said  was 17  years  old and  who
complained of untreated syphilis.  The Youth Rehabilitation Centre  requires
the development  of  guidelines  for  its  operation  to be  worked  out  in
consultation   with  the  Centre   for  Human   Rights  and  relevant  NGOs.
Complaints  were received by  the Special  Representative about  the lack of
specialized juvenile judges,  the frequent lack of legal representation  for
juveniles and the  need for research on the causes of juvenile crime and the
best  ways  of  addressing  those  causes   in  the  light  of   experience,
particularly in the operation of the Youth Rehabilitation Centre.


L.  Reporting obligations under international covenants

58.  The Special Representative welcomes  the cooperation of the  Government
with the relevant  NGO communities in the  drafting of Cambodia's  report on
the Convention  of  the  Rights  of the  Child.    The same  cooperation  is
encouraged  in  the  case  of  the  proposed  reports  on  the International
Covenant on Civil and Political Rights  and the International Convention  on

the  Elimination of  All Forms  of  Racial  Discrimination.   However, these
reports  are all overdue  (see A/50/681/Add.1,  paras. 81-85  and annex III,
A).   During his sixth  mission the Special  Representative conveyed  to the
Minister of  Justice, as Chairman  of the  Inter-Ministerial Committee,  the
importance which he attached to the  early submission of Cambodia's  reports
and  to  continued  close  consultation  with  interested  bodies  in  their
finalization.    He  extended  his  offer  of  technical  assistance  by the
Cambodian office to  the Council of Ministers  in the finalization  of these
reports.


M.  Security issues

59.   During  his visit,  the  Special Representative  received  information
concerning the  continuing laying of  fresh anti-personnel land-mines by the
Khmer Rouge in  Siem Reap Province.  Mines are  used as a tactic to  disrupt
communication lines and to  deny ground to government forces.  They are  not
laid in fields  or in any  pattern which  make them  extremely difficult  to
clear, and  they target  civilians as  well as  the military.   The  Special
Representative welcomes reports  that in Siem  Reap government forces appear
to be  adhering to  the official  policy of  not laying new  mines, even  to
protect positions at night.

60.   The Special  Representative welcomes  the continued  attention to  the
problem of land mines  in Cambodia.   The Minister of Information, Mr.  Ieng
Mouly,  who  is also  the  Chairman  of the  Cambodia  Mine  Action  Centre,
informed the Special  Representative about proposed initiatives to  increase
the Government's  response to  the land-mine  problem.   The United  Nations
Development  Programme  (UNDP)  has  offered  increased  assistance  to  the
Government  beginning  in  1996.    Discussion  is  progressing  within  the
Government  concerning the development of  a law on landmines  that will ban
their   import,  use,   production   and  stockpiling   in   Cambodia   (see
A/50/681/Add.1,  para.  52).   The  Minister  promised  to consider,  within
available  funds,  measures  for  the  compensation  of  victims.    At  the
International Conference to  Ban Land-mines held at Phnom  Penh from 2 to  4
June 1995,  the Secretary-General's  representative in  Cambodia, Mr.  Benny
Widyono, read the  Secretary-General's speech, entitled "The  socio-economic
impact  of  land-mines:   towards  an  international   ban".    The  Special
Representative  profoundly   hopes  that  the   Review  Conference  of   the
Convention  on  Prohibitions  or   Restrictions  on  the   Use  of   Certain
Conventional Weapons Which May Be Deemed to  Be Excessively Injurious or  to
Have Indiscriminate  Effects of 1990 (Protocol II of which  deals with land-
mines)  will  achieve  real  progress  towards  the  goal  advocated  by the
Secretary-General.

61.  The Special Representative notes  with concern a death  threat received
by  the representative of the Secretary-General in Cambodia  on 2 June 1995.
The threat  was delivered orally and in  writing to the  staff in the office
of  the  representative in  his  absence.   The  description of  the  person
involved  was  conveyed  to the  Government  of  Cambodia,  which  responded
quickly  and appropriately.   A suspect was  arrested on  26 June  1995.  It
would be  intolerable if  the representative  could not  perform his  duties
without threat or  intimidation.  The  Special Representative  expresses his
satisfaction  and  thanks for  the  prompt  reaction  of  the Government  of
Cambodia and the relevant United Nations agencies.

62.   The above  threat to  the Secretary-General's  representative must  be
seen in  the context  of other  recent, and  so far  unresolved, attacks  on
United Nations personnel in Cambodia.  These have included:

  (a)  The  armed abduction and apparently  deliberate shooting in the thigh
on 8 September 1994 of Monica Oliveros, the 5-year-old daughter of Mr.  Luis
Oliveros, an officer of  the Centre for Human  Rights.  This  occasioned the
emergency evacuation of that officer and his family from  Cambodia.  Despite
some  leads to identify the culprits, no one has yet been brought to justice
as a result of this attack;

  (b)   The murder on 29 June 1995 of Ms.  Mouninith Goossens, the spouse of
a WFP staff member in Siem Reap.  Although two suspects  were arrested, they
implicated a third person, who has not been  apprehended as of this writing.
Representations by United Nations officers, including the representative  of
the Secretary-General in Cambodia, were made to the Government;

  (c)  On 7 July 1995, in Kampong  Thom, in a matter having to  do with rice
distribution,  an  officer of  WFP was  also  threatened  with murder  by an
officer of the  Provincial Red Cross  (PRC).   The PRC  officer was  ordered
transferred to another town  by PRC.  Subsequently  the premises WFP and PRC
shared in  common were sprayed with bullets.  Although nobody was physically
injured, no one  has yet been charged as a result of this  action, which was
plainly intended to intimidate those concerned.

63.  The  Special Representative brought his  concerns about the threats  to
United Nations personnel, including  all of the above,  to the notice of the
Minister of  Interior, Mr. Sar Keng,  when he met  with the Minister  during
the  sixth mission. A clear  government response to,  and action upon, these
complaints  will allow United  Nations officers  and their  families to feel
safe and to perform their duties in Cambodia in a normal manner.

 64.    A  derivative  problem,  called to  the  attention  of  the  Special
Representative  in every  part  of  Cambodia which  he has  visited,  is the
extent to which firearms are readily available to  the population.  In part,
this is  the consequence  of decades  of war  and revolution.   It persists,
partially, because of  the continuing security  challenge, but  also because
of  the unregulated and unsanctioned abuse of their firearms by military and
police personnel, often  resulting in deaths and  injuries of civilians.  In
Kampot, the Special Representative attended a  mourning ceremony at which  a
mother  grieved for  her son,  himself a  soldier,  allegedly killed  for no
apparent reason  by a fellow soldier  at a roadblock.   Until the number  of
available  firearms  is  radically reduced  in  Cambodia,  real  power  will
continue to be attached to guns, and many mothers, and others, will grieve.


VI.  RECOMMENDATIONS

A.  Right to health

65.  The highest priority should  be given to the increase by the Government
of  the budget of the Ministry  of Health, as well as  to campaigns directed
at preventing  the transmission  of the human immunodeficiency  virus (HIV),
which  causes AIDS.   The Special  Representative welcomes  the agreement of
the First Prime Minister to accept the position of the Honorary Chairman  of
the Inter-Ministerial Committee for AIDS/STD Prevention and Control.   There
is  a  need  for  wholehearted  and  active  support  of  the national  AIDS
programme,  in consultation  with  the World  Health Organization  (WHO) and
other  agencies.   The Special  Representative particularly  recommends  the
following priority areas:

  (a)    The  highest priority  should  be  given  to  the  increase by  the
Government of the budget of the Ministry of Health;

  (b)  In the prevention campaign against the  spread of the HIV/AIDS virus,
interventions should  be made to involve and train commercial sex workers in
safer sexual practices;

  (c)    The services  to  treat  sexually  transmitted  diseases should  be
increased;

  (d)  General public awareness should be promoted;

  (e)  The  draft law  on the  kidnapping, trafficking  and exploitation  of
persons  should be reviewed in close consultation with the Inter-Ministerial
Committee  for  AIDS/STD,  WHO,  the  Centre  for  Human  Rights,  and other
relevant United Nations agencies;

  (f)  Appropriate public posters and  advertisements should be restored, so
as to bring  AIDS awareness to the attention  of the general population  and
to increase the availability and use of condoms.


 B.  Right to education

66.   The Special  Representative recommends  that the  highest priority  be
given to the increase  by the Government  of the  budget of the Ministry  of
Education.


C.  Right to housing

67.   The  Special Representative  recommends  that  the following  steps be
taken to  improve the  handling of  the problems  of squatters, in  order to
ensure respect for their basic human rights:

  (a)   The  City of  Phnom Penh  and  other relevant  municipalities should
develop and  publish an urban  plan clarifying  proposed land  use in  areas
currently used by squatters;

  (b)   The squatters' representatives and  communities should be  consulted
in  respect  of  the  orderly  resumption  of  areas  of  land  occupied  by
squatters;

  (c)   Land laws should be enforced in respect of the rights of persons who
have continuously occupied land peacefully for many years;

  (d)  Before any eviction is attempted, due  notice should be given to  the
squatters to  permit peaceful removal  of their  property, discussion  about
compensation and the provision of suitable alternative housing sites;

  (e)   Court  orders should  be  required  before any  forcible,  contested
eviction is attempted;

  (f)   Strict discipline by  police, military and  city officers should  be
observed in the conduct of the eviction of squatters;

  (g)   Education for children in  squatter communities  should be organized
and provided.


D.  Right to a healthy environment

68.   The Government should continue  to enforce the  prohibition of logging
of timber  without reforestation and the ban  on exports of such timber.  In
consultation  with   neighbouring  countries,  the  Government  should  move
resolutely  to tighten  the controls  on the illegal  export of  timber from
Cambodian territory.


E.  New laws and practices

69.   The  Centre for  Human Rights  should continue  vigilantly to  monitor
draft  laws  and  to  provide  technical  advice to  the  Government  on the
conformity  of  such   laws  with  Cambodia's  international  human   rights
obligations.    The  Centre  for  Human  Rights  should  alert  the  Special
Representative concerning  any draft  laws which might  raise serious  human
rights concerns  so  that he  can  consider  making representations  to  the
Government in the  form of a Human Rights Recommendation. In particular, the
following proposals or draft laws should  be reviewed:      (a) draft law on
labour;     (b) draft  law on  kidnapping,  trafficking and  exploitation of
persons;      (c)  draft  law  on  pharmaceuticals;      (d)  draft  law  on
association; (e)  draft law on  nationality and refugees;  (f) draft law  on
land-mines; (g)  the decree  arising out  of the  Press Law; and     (h) the

decree arising out of the Immigration Law.

70.   The Centre  for Human  Rights, in  consultation with  the Ministry  of
Justice, should offer an  amendment to article 51  of the Law Regulating the
Civil  Servants to remove  the effective impunity granted  to members of the
civil service  against prosecution for certain criminal offences without the
approval of a superior. The  article should either be repealed altogether by
the National  Assembly  or  its  operation  confined  to  circumstances  not
inconsistent with equality before the law.

71.   The  Government of  Cambodia should  introduce improved administrative
arrangements for  cooperation between  officials in  different provinces  to
secure  the  extradition (return)  of  persons  accused  or  suspected of  a
criminal  offence, upon  receipt  of a  warrant of  request  by a  court  or
prosecutor in  another  province.   Consideration  should  be given  to  the
introduction  of  an  enforceable   summons  for  the  attendance  at  legal
proceedings of a  witness.  The effective prosecution of criminal process in
particular  should not  be  dependent  upon  the capacity  of  the court  or
prosecutor, or the ability of  the family of a victim,  to pay the necessary
funds for  the accused,  or a  vital witness, to  be brought  to court in  a
serious  criminal case.    The Centre  for  Human Rights  should  offer  its
technical assistance  to the  Ministry of  Justice in proposing  a draft  of
such a law.


F.  Independence of the judiciary

72.  The  Special Representative commends the steps being introduced for the
improved training  of judges.   In addition  to those being  pursued by  the
Ministry of Justice, these include:

  (a)  The  Judicial Mentors Programme, being  introduced by the Centre  for
Human Rights  in consultation  with the Ministry (see  A/50/681/Add.1, para.
62);

  (b)   Lectures  on relevant  international  human rights  conventions  and
provision  by  the  Centre  for  Human   Rights  of  translations  of  those
instruments into the Khmer language;

  (c)   The technical  advice being  given to  Cambodian judges, prosecutors
and  court officials by  judges and  lawyers sponsored  by the International
Human Rights Law Group and provided  by donor countries, including Malaysia.
The effectiveness of these programmes should be monitored by the Centre  for
Human Rights  in close  consultation with  the Ministry of  Justice and  the
judges, prosecutors and court officials concerned.

73.   The Government of  Cambodia should explore  the possibility  of paying
the judges and  prosecutors of Cambodia a  minimum salary which will  ensure
that  those  with  the will  to  be,  and remain,  scrupulously  honest  and
uncorrupted  can do so. A salary of the equivalent of  US$ 400 per month for
Cambodia's 135 judges has been  proposed.  The Government should explore the
possibility of subventions from the World  Bank or other appropriate  bodies
to  permit  the supplementation  of  judicial  salaries  to ensure  judicial
independence and the rule of law.

74.    In  the  event that  the  foregoing  is  not  accepted,  the  Special
Representative recommends  that the members  of the Constitutional  Council,
when appointed,  the Supreme Court  and the Court  of Appeal  should receive
the  same salary  at  least as  a  member of  the  National  Assembly.   The
judiciary  is   the  third  branch  of   the  Cambodian   Government.    The
Constitutional Council,  when established,  should  enjoy a  status, and  an
opportunity for the independence and  integrity of its members, no less than
that enjoyed by the members of the National Assembly.


G.  Prisons and other custodial institutions

75.    Urgent  attention  should  continue  to  be  given to  the  state  of
Cambodia's prisons (see A/50/681/Add.1, paras. 40-43).   The defects in  the
condition  and  facilities  of  the  prisons  at  Kampot  and  Kampong Cham,
disclosed in the present report, should be addressed.  The Cambodian  office
should continue  (see A/50/681/Add.1,  paras. 57-61), in  dialogue with  the
ministries concerned, to explore the possibility of international  donations
to remedy the most  glaring deficiencies in the current prison system and to
develop  new  and modern  prison  facilities  with  conditions of  security,
cleanliness and  humanity more  closely approximating the  prisons in  other
countries of the region.

76.   The Ministries of  Justice and Interior  should take  steps to enforce
the  minimum daily  time  for  release  from  confinement  in cells  and  to
sanction the failure or refusal of prison guards  to comply.  Administrative
discretion   should  be   given  to   prison  commanders,   in   exceptional
circumstances,  to vary the  actual hours of release  from cells, provided a
specified  minimum  is  allowed,  by  roster in  the  absence  of any  other
alternative, to each prisoner.   Facilities for sport and exercise should be
required in every prison.   Access to human rights NGOs and Defenders should
be provided without hindrance, provided proper  notice and proof of identity
is given.   The  use of dark  cells, shackles and  leg irons and  collective
punishments in prison should be absolutely  forbidden and punished where  it
is proved that they have occurred.


H.  Press Law and freedom of expression

77.     The   Special  Representative  notes  that   a  second  journalists'
organization, the League  of Cambodian Journalists,  has been established in
addition to  the  Khmer Journalists'  Association.    The Centre  for  Human
Rights should continue to work with  the Khmer Journalists' Association  and
with the Cambodian  Communication Institute and UNESCO and offer  assistance
to  the  League  of Cambodian  Journalists,  concerning  the improvement  of
standards and  the safeguarding  of  the independence  of the  media and  of
journalists' organizations in Cambodia.

 78.  The Centre  for Human Rights should keep the concerns expressed by the
Special  Representative in  relation to the  Press Law under  review as that
law is  brought into operation.   In particular,  if subordinate legislation
is  introduced to define  terms such  as "national  security" and "political
stability"  in  the law,  the  Centre  for  Human  Rights  should offer  its
assistance in a  way that will help to maximize the protection of freedom of
expression in Cambodia.


I.  Right to be elected and to take part in government

79.    In the  absence  of  necessary  constitutional  and legal  amendments
clearly  authorizing such a course, the expulsion of members of the National
Assembly,  upon their removal  of political  parties in  whose interest they
were elected should cease.

80.   Stimulated  by  the legal  controversy following  the  expulsion  of a
member  from the  National Assembly  and  the  threatened expulsion  of more
members and the urgent desirability of  having an institution that  provides
authoritative  constitutional decisions  in such  cases, the  Constitutional
Council should be established without further delay.


J.  Vulnerable groups

81.   The directives  issued by  the Ministry  of Interior  calling for  the
holding  in "immigration  centres" and  the immediate  expulsion of  illegal
aliens  without due  process  of  law should  be  rescinded in  writing.   A
nationality law  with  a full  definition  of  a Cambodian  citizenship  and
consistent with  the Constitution  and Cambodia's  international obligations

should be  enacted as  soon  as possible.  No mass  detention or  collective
expulsion of  suspected illegal aliens should  occur.   Directives should be
issued confirming  that each person's  individual case  will be individually
considered and determined on its own merits.

82.    The  Government  should  consider   taking  the  following  steps  in
furtherance of the human rights of children in Cambodia:

  (a)   Laws  relating  to children  should  be  reviewed  to  ensure  their
compliance with the Convention on the Rights of the Child;

  (b)  The proposed Cambodian National  Children's Council should assume the
responsibility  of  monitoring  the  implementation  in  Cambodian  law  and
practice of the requirements  of the Convention of the Rights of the  Child.
It  would  be  highly  desirable  for  the  Council  to  include  three  NGO
representatives, as proposed in the sub-decree  submitted to the Council  of
Ministers;

  (c)  A high-level meeting attended by  representatives of the World  Bank,
UNICEF and international  donor organizations should be summoned to consider
the provision to Cambodia of the  special economic assistance necessary  for
an effective  attack  on the  impediments to  the attainment  of full  human
rights for children in Cambodia;

   (d)  Judges, police,  teachers and other  relevant governmental personnel
should  be given  training in  the  requirements of  the Convention  on  the
Rights of the Child;

  (e)   Special attention should  be given,  in the development  of policies
for  children, to the  needs of  ethnic minorities,  rural children, orphans
and handicapped children;

  (f)   In the area of juvenile justice, the Centre  for Human Rights should
assist   the  Government   in   ensuring   that  any   new  legislative   or
administrative practices are  consistent with the  Convention on  the Rights
of the Child and other relevant  international guidelines in particular, the
Beijing Rules, the  Riyadh Guidelines and the  United Nations Rules for  the
Protection  of Juveniles  Deprived of  their Liberty.   The age  of criminal
responsibility  should be established  by law.   Judges  should be specially
trained  to  handle  juvenile  cases.    Education  should  be  provided  to
juveniles  in detention.   The  guidelines for  the  operation of  the Youth
Rehabilitation Centre  should be  prepared in  consultation with the  Centre
for Human Rights and the relevant NGOs;

  (g)   Trafficking  in  or  kidnapping of  children, the  sale  of underage
children  into  prostitution and  sexual exploitation  of  minors under  the
legal age of consent  should be punishable criminal offences.  A task  force
to  monitor the  foregoing problems  should  be  established to  include the
relevant NGOs, with the  power to carry  out advocacy for the protection  of
children and to  prepare legal and administrative policies and reforms.  The
Special Rapporteur  of  the  Commission  on  Human  Rights on  the  sale  of
children, child  prostitution and  child  pornography should  be engaged  in
helping  to tackle  the growing  problems  of  child sexual  exploitation in
Cambodia.    The proposed  draft  law  on  the  kidnapping, trafficking  and
exploitation  of   persons  should   deal  specifically   with  the   sexual
exploitation of children.


K.  Reporting obligations

83.    Cambodia  should   fulfil,  without  further   delay,  its  reporting
obligations under the International Covenant on  Civil and Political Rights,
the Convention on the Rights of the  Child, the International Convention  on
the Elimination of All Forms of  Racial Discrimination and other conventions
with  reporting  obligations.    The  Centre  for  Human  Rights  should, as
requested, further  assist the  Ministry of  Justice, the  Inter-Ministerial

Committee and  the Council  of  Ministers in  order to  secure the  earliest
possible completion of the reports (see  A/50/681/Add.1, paras. 81-85).  The
attention  of the Cambodian  Government has  been specifically  drawn to the
necessity  to  finalize  the  report  by  the  Cambodian  Government  to the
Committee on  the Elimination  of Racial Discrimination  before 31  December
1995.


L.  Security issues

84.   The Centre  for Human Rights  should provide assistance,  as required,
and  closely monitor the introduction of a law to  prohibit the use of land-
mines in Cambodia.   The office of  the Centre should give consideration  to
ways in  which the special  concerns of Cambodia  can be  placed effectively
before the Treaty Review Conference in Vienna in September 1995.

85.  The Government  of Cambodia should institute a project aimed towards  a
national plan for  the recovery of  firearms from  the population.   Such  a
policy is necessary  to reduce the incidence  of violence involving  the use
of  guns, which  continue to  plague Cambodian  society.   Any  such firearm
retrieval policy  would need to  utilize techniques  of inducement (amnesty,
reward and  destruction) as  well as an  effective policy of  punishment for
illegal possession of firearms after the expiry of an amnesty.  The  Special
Representative  recommends that  the  Government of  Cambodia  consult  with
other countries,  including those  of  the Association  of South-East  Asian
Nations (ASEAN), which may have relevant experience in the reduction of  the
prevalence  of firearms.   They  might offer Cambodia  the benefit  of their
experience.  It is  recommended that Cambodia set  this project in motion so
that it  can be introduced and  enforced as soon  as the security  situation
permits.

86.   In the  meanwhile, strict  regulations relating  to the  use of  their
firearms  by  law-enforcement  personnel  (the  police,  the  military,  the
militia)  should be adopted  and effective  enforceable mechanisms should be
devised  to  ensure   the  effective  compliance  with  these   regulations,
including  by the  use of  sanctions.  An  effective implementation  of such
measures would  greatly contribute  to curbing  the number  of human  rights
violations,  including  killings  and  injuries, caused  by  abusive  use by
security personnel of their firearms.

87.  The Government should make it plain that the attacks  on United Nations
personnel  are  condemned.   It  should ensure  that  all  such  attacks are
investigated promptly and followed up vigorously and that those shown to  be
responsible are  rendered accountable to the  law.  If the Government firmly
addresses this  issue, the  image and reputation  of Cambodia,  particularly
among  United  Nations  and  other  international  organizations,  would  be
further reinforced.   A lack of  resolute action by  the Government in  such
cases may be misunderstood  as an official tolerance of these practices  and
as  an encouragement to  further violence  against United  Nations and other
personnel working in Cambodia by elements bent on violence.


M.  Ongoing technical advice and assistance

88.   The Special  Representative once  again expresses  his commendation to
the  office of  the  Centre for  Human Rights  in  Cambodia and  its  staff,
including the  United Nations  Volunteers (UNVs),  consultants and  judicial
mentors, for their dedicated  work during the period  under review.  He also
pays tribute to the Cambodian and international human rights and other  NGOs
as  well as to other  United Nations agencies, funds and programmes, notably
UNDP,  UNV  and  the  Office of  the  United Nations  High  Commissioner for
Refugees (UNHCR).

89.   He recommends more regular consultations between concerned ministries,
such  as the  Ministries of  Justice,  Interior  and Defence,  and Cambodian
human rights  NGOs.  In particular,  the Special  Representative invites the

Government  to  consider   the  establishment  of  a  regular   consultative
mechanism, possibly a monthly or bi-monthly meeting between  representatives
of concerned ministries and Cambodian human rights and  other NGOs.  Such  a
mechanism would allow each  party to understand the  work, point of view and
concerns  of the others, in an atmosphere of fruitful exchange and dialogue.
This  would also help  defuse potential  tensions which  can sometimes arise
from misunderstandings and lack of communication.

90.    The   Special  Representative  makes  the  following   administrative
suggestions:

  (a)  There remains  an urgent need to reduce  the delays in  the provision
of  financial  and personnel  decisions  to  the  Cambodia  office from  the
Centre's headquarters in  Geneva.  The creative administrative steps,  urged
in previous  reports, have  still not been  taken to  ensure an  appropriate
measure of autonomy of action, budgetary  delegation and avoidance of delays
in the filling of vacant positions;

  (b)  In preparation for future missions  of the Special Representative,  a
pamphlet in the Khmer language should be prepared describing  the mandate of
the Special  Representative, the programme  of technical  cooperation of the
Centre in  Cambodia and the activities  of each to date.   This  would be of
particular help in the provinces  where the work of the Centre is less  well
known than in Phnom Penh;

  (c)  Particular  tribute is paid to the  UNVs and human rights  assistants
posted at  provincial offices  in Siem  Reap, Battambang  and Kampong  Cham.
The provincial offices  have extended the  effectiveness of the work  of the
Centre  (see  A/50/681/Add.1,  paras.  109-112).    They have  also  greatly
enhanced  the  work  of  the  Special  Representative.    Combined  with the
Judicial  Mentors   Programme  and   appropriate  liaison   with  government
agencies,  other  United Nations  agencies,  funds  and  programmes  (ibid.,
paras. 118-134)  and NGOs, these  will enlarge the  outreach of  the work of
the  United Nations  for  human  rights in  Cambodia, which  remains  a most
worthy undertaking.


Notes

  1/  E/CN.4/1994/73 and Add.1.

  2/  E/CN.4/1995/87 and Add.1.

  3/  E/CN.4/1994/73 and Add.1.

  4/  See General Assembly resolution 2200 (XXI), annex.

  5/  A/46/61-S/22059.

/...  A/50/681
  English
  Page

A/50/681
English
Page

ANNEX I

Programme of the sixth mission of the Special Representative of the
Secretary-General for human rights in Cambodia, 5-16 August 1995


5 August

  Arrival at airport

  Working meeting with the staff of the Centre for Human Rights

Dinner with  the Secretary-General's representative  in Cambodia, Mr.  Benny
Widyono

6-8 August:  Field visit to Kampot Province

6 August

  Departure to Kampot Province

  Meeting with local human rights NGOs

  Visit of Kampot provincial prison

7 August

  Visit of a traditional music school for orphaned and handicapped children

  Departure to Kep Municipality

Speech delivered  by the Special Representative  at a  human rights training
seminar for police officers

  Meeting with and briefing by the Governor of Kep

Visit to Chamkar  Bei-Khmer Rouge defectors and their families  resettlement
zone in Kep

Meeting with United Cambodian Communities (UCC) trained community leaders

Dinner with the Provincial Governor

8 August

Meeting  with the  representatives  in  Kampot of  the  International  Human
Rights Law Group's court reform project

Meeting with Kampot Tribunal

Visit of  several UCC  development projects for  vulnerable groups  (widows,
war invalids, children)
  Meeting with the Director of the Central Justice Office of the  Provincial
Judiciary Police

Departure to Phnom Penh

9 August:  Visit to Kampong Cham Province

Breakfast with Mr. Khieu Kannharit, Secretary of State for Information

Departure to Kampong Cham

Arrival in Kampong Cham provincial town

Meeting with local human rights NGOs

Lunch with United Nations and other aid agencies

Meeting with the provincial tribunal

Dinner with the provincial Deputy-Governor and his staff

10 August

Meeting with Mr. Hun Neng, Provincial Governor

Visit of the provincial prison

Departure to Phnom Penh

Meeting  with  Mr.  Pin  Sam  Khon,   President  of  the  Khmer  Journalists
Association

Meeting  with  Mr.  Chhum  Kanal,  President  of  the  League  of  Cambodian
Journalists

Meeting  with  Mr.  Son  Soubert,  Second  Vice-President  of  the  National
Assembly

11 August

Breakfast  with  Mr. Gildas  Le  Lidec, Ambassador  of  France, and  Mr.  G.
Porcell,  responsible for  French technical  and cultural  cooperation  with
Cambodia

Meeting  with Mr.  Loy  Sim Chheang,  First Vice  Chairman  of  the National
Assembly, and  the heads  of several  National Assembly  Commissions on  the
legal and technical aspects of the expulsion of MPs

Meeting  with Mr.  Ieng Mouly,  Information  Minister  and President  of the
Mines Action Centre

 Meeting  with  representatives  of  United  Nations  agencies,  funds   and
programmes in Cambodia, ICRC and the European Union

Meeting with the diplomatic corps

Dinner with  Prince Norodom  Sirivuddh, Secretary-General  of the  FUNCINPEC
party

12 August:  Children's Rights Day

Visit of Kolap 1 Government orphanage

Meeting with Mr. Suy Sem, Secretary of State  for Social Affairs, Labour and
Veterans

Meeting with  the Committee on  the Convention on  the Rights  of the Child:
briefings on child sexual exploitation and trafficking, education,  juvenile
justice

Lunch with Mr. Yim  Po, President of the Cambodian Centre for the Protection
of Children's Rights

Meeting with Mr. Chhim Siek Leng, Mayor of Phnom Penh, and his staff

13 August

Meeting with heads of Cambodian human rights NGOs

Lunch with ASEAN ambassadors, hosted by the Ambassador of Indonesia

Meeting with the Urban Sector Group

Field visit to squatter settlements in Phnom Penh

Dinner with the Ambassador of Malaysia, Mr. Deva Mohd Ridzam

Night visit of Phnom Penh street children with the NGO Little Friends

14-16 August:  Meetings with senior Government figures

14 August

Report drafting:  Mr. Kirby

Lunch with the Ambassador of Indonesia, Mr. Taufik Rachman Soedarbo

Report drafting

Meeting with the Minister of Justice, Mr. Chem Snguon

Report drafting:  Mr. Kirby (continued)

 15 August

Meeting with the Co-Minister of Interior, Mr. Sar Kheng

Report review with the staff of the Cambodia Office

Press conference at the Foreign Correspondents Club

16 August

Meeting with  the President  of the  National Assembly  and Chairman of  the
Cambodian People's Party,   Mr. Chea Sim

Audience  with His  Majesty the  King, Preah  Bat Samdech     Preah  Norodom
Sihanouk Varman

Departure to the airport

/...  A/50/681
  English
  Page

A/50/681
English
Page

ANNEX II

Human rights recommendations 1994-1995 a/

[Original:  English and French]

HR  REC 17/94  b/  - August  1994:    Continued  illegal detention  of  nine
suspects in connection with  2 July coup  attempt.  The Ministry of  Foreign
Affairs acknowledged receipt,  informed the Special Representative that  his
recommendations  had  been transmitted  to  relevant  authorities  and  that
response by them  would be forwarded.  No  response was received.  The  nine
suspects were released.

HR REC  18/94 -  August 1995:   Ministry  of Interior circulars  relating to
NGOs'  freedom of  association and  of expression.   A  Ministry  of Foreign
Affairs reply  dated 13 October 1994  assured the  Special Representative of
the  commitment of  the Government  to  respect  freedom of  association and
expression as guaranteed by  the Constitution.   A telegram by the  Ministry
of Interior to provincial and  municipal governors clarified the directives:
new NGOs  only  are required  to seek  authorization  from  the Ministry  of
Interior to  operate; NGOs  are not requested  to provide  reports on  their
activities  and  on  the composition  and  number  of their  staff;  and  no
authorization is required to organize meetings  or training sessions but the
authorities solely need  be informed about them.   A law on associations  is
currently being drafted by the Ministry of Interior.

HR  REC  19/94 -  16 September  1994:   Immigration  Law.   The Ministry  of
Foreign Affairs acknowledged receipt and assured the Special  Representative

that  the  law  would  be  implemented  in  full respect  of  the  Cambodian
Constitution  and  international human  rights  conventions  acceded  to  by
Cambodia.  Several  recommendations, including one on increased  cooperation
with the office in  Cambodia of the Centre for Human Rights, were considered
and accepted  by the  Ministry of Interior.   A consultant  provided by  the
Centre for Human  Rights is currently working  with the Ministry of Interior
to assist in drafting subordinate legislation.

HR REC  20/94 - 29  September 1994:   Attack  on Centre's staff  member Luis
Oliveros  and his  five-year-old daughter  Monica.    The then  Minister for
Foreign Affairs  alerted the National Police and himself took an active part
in the search and rescue of Monica Oliveros after  she was abducted by armed
men.  The Ministry  of Foreign Affairs acknowledged receipt of the letter on
25  October  1994  and  condemned  the  attack.    It  assured  the  Special
Representative  of  prompt  action  against  the  perpetrators,  if   found.
Similar letters of condemnation  by His Majesty the King and the First Prime
Minister were addressed  to the Special  Representative.   The perpetrators,
alleged to be military personnel,  were identified by the  police.  However,
no  known  action  against  them  has  so  far taken  place.    There  is no
indication that the police are seriously  pursuing their investigation.  The
matter  was again  raised by  the  Special  Representative during  his sixth
mission with the Minister for Foreign Affairs and the Minister of Interior.

 HR REC 21/94 - 16 September 1994:   Assassination of journalist Noun  Chan;
deterioration of  situation  of press  freedom.    The Ministry  of  Foreign
Affairs responded  on  25 October  1995,  condemning  the assassination  and
informing the Special Representative that an investigation had been  ordered
into the murder (see main document,  para.  46).  The letter by the Ministry
of  Foreign Affairs condemned what  it regarded as  "abuse of press freedom"
by  journalists in  the form  of "public  insults,  slanders, use  of filthy
language  and publication  of  pornographic  materials".    It  stated  that
Cambodian public opinion felt  that "there is too much freedom of the  press
in Cambodia,  to the  point of  becoming an  anarchy in  which freedom  will
suffer and perish".

HR  REC 22/94  - 27  October 1994:    [Second  letter about]  attack against
United  Nations Centre  staff member and his  five-year-old daughter Monica.
[Action taken; see above]

HR  REC 23/94  - 26  September  1994:   Warnings  to human  rights NGOs  (in
connection  with the murder of Noun  Chan).  No formal response.   No action
was  taken against  the concerned  NGOs.   In  a  public statement  dated 29
September 1994,  the First Prime  Minister said the  Cambodia office of  the
Centre for  Human Rights was  "more concerned with its  investigation into a
case that  is already two  years old  c/ than with the  most unwarranted and
dubious  accusations  emanating  from  [human  rights]  organizations  whose
mission is  precisely to ensure  respect for the  basic rights  of citizens.
It is unfortunate [...]"

HR REC 24/94 - 18 November  1995:  Draft press law.  The Ministry of Foreign
Affairs acknowledged  receipt and informed  the Special Representative  that
his recommendations had been shared with  concerned authorities and that  it
would  forward  any  response  by  them.     Several  recommendations   were
incorporated in the draft by the Ministry of  Information.  No other  formal
response was received.

HR  REC 25/94  -  28 November  1994:   Freedom  of  expression:   Two  cases
(closure  of the newspaper Odom Kete Khmer; suppression  of the TV programme
"The public opinion".  The Ministry  of Foreign Affairs acknowledged receipt
on  12 December and informed  the Special Representative that his letter had
been  passed  on  to  relevant authorities  and  that it  would  forward any
response  by them.   No  known action  was taken.   No  formal response  was
received.  Odom Kete  was allowed to reopen a  week before the fifth mission
to Cambodia of the  Special Representative.  However, it was shut down again
soon  afterwards.   The  newspaper recently  resumed publication  pending an
appeal against a conviction.   It is subject to new court proceedings.

HR  REC 26/94 -  27 December 1994:   Killing of  journalist Sao  Chan Dara -
Threat of violence to  the newspaper Preap Norm Sar; letter of the  Ministry
of  Information  dated  16  December  1994  concerning  the  publication  of
"obscene" stories.  No  formal response was received.   A suspect, army Col.
Sat  Soeun,  was  arrested upon  action  by  the Ministry  of  Interior  and
detained in connection with the  murder of the journalist.   He was tried in
June 1995.  He was acquitted  of the charges in a  trial before Kampong Cham
provincial court.   No  further action was  taken.  There  is no  indication
that the murder continues to be investigated.

HR REC 1/95 -  30 January 1995:  Alleged  threats against certain members of
the National Assembly.   No acknowledgement of receipt.  No formal response.
The  Second  Prime Minister,  Mr.  Hun  Sen,  declined to  comment  during a
meeting  on  25 January  at  which  the  Special  Representative raised  the
matter.    The  Government  made  a  statement  before  the  United  Nations
Commission on Human Rights  in February 1995 stating  that:  "With regard to
threats against  members of  the National  Assembly, no  such threat  exists
[...]  However, there are  certainly one or two members of the Assembly  who
insult the  Government and  the army  and, out  of fear, tell  everyone that
they have been threatened."

HR  REC 2/95 -  2 February 1995:   Draft press  law.   No acknowledgement of
receipt. No formal response.   The main recommendations were not included in
the draft before it was enacted by the National Assembly.

HR  REC 3/95  - 13  April 1995:   Protection for  freedom of  expression and
opinion  of journalists.    The  Ministry of  Foreign  Affairs  acknowledged
receipt  on 2 May 1995.   It stated that the recommendation  had been passed
on to relevant authorities and that any response by them would be  forwarded
to the Special Representative.  No further response.  No known follow-up.

HR REC  4/95 -  13 April 1995.   Reported killing  of Vietnamese  civilians;
lack  of prosecution  of perpetrators.    The  letter drew  the Government's
attention  to a killing  allegedly perpetrated  by non-Khmer Rouge elements,
as appeared to be  the case in  at least  three reported incidents in  1994.
The Ministry of Foreign  Affairs acknowledged receipt on  2 May.   It stated
that the recommendation was being shared  with relevant authorities and that
it  would inform the Special  Representative of any follow-up.  No response.
No follow-up.  No known action.

HR REC  5/95 - 22 May  1995:  Proposed  law for the regulation  of the legal
profession.   No  acknowledgement  of receipt.   No  formal  response.   The
Special Representative's  main recommendation that  the profession of  human
rights  Defender be formally  recognized was  incorporated in  the draft law
adopted  by the National  Assembly, although  for a maximum  duration of two
years.

HR REC 6/95 - 30 May 1995:  Status of members of the National Assembly.   In
a  reply  addressed in  his capacity  as President  of the  FUNCINPEC party,
Prince Norodom  Ranariddh, the  First Prime Minister,  rejected the  Special
Representative's  recommendations   as  unwarranted   interference  in   the
workings of Cambodia's sovereign  National Assembly.   The letter contrasted
the position of the Special Representative,  as stated in his recommendation
(respect for freedom of expression of members of the National Assembly,  for
the Constitution,  the Electoral Law and  the internal rules of the National
Assembly) with  that attributed to the  Secretary-General, as  had been made
public   by  the   Secretary-General's  representative   in  Cambodia  (non-
interference in domestic matters).  The member of  the Assembly was expelled
from the Assembly on 22 June 1995.

HR  REC 7/95  - 16  June 1995:   Draft  press law.    No  acknowledgement of
receipt. No formal response.  No known action (see above).

HR  REC 8/95 - 26 July 1995:  Alleged attacks  on guards of former Minister.
The   First  Prime  Minister   replied  on   12  August   that  the  Special
Representative's recommendations have been passed on to "competent  military

authorities for investigation and  report" and that he  would be informed of
any  development about  the matter.    No known  action as  of  the  date of
preparation of the present report.

HR  REC 9/95  -  15 August  1995:   Arrest  of balloon  flyers  distributing
pamphlets. The  Minister  for Foreign  Affairs, Mr.  Ung Huot,  acknowledged
receipt  of the letter  at a  meeting with the Special  Representative on 16
August 1995  during his  sixth mission  to Cambodia.   However,  he did  not
comment on the  substance of the matter as the  case was being heard on  the
same day by the Phnom Penh Municipal Tribunal.


Notes

  a/   For the  previous human  rights recommendations,  see A/49/635, annex
III.

  b/  HR REC = human rights recommendation.

  c/  I.e., the case of the secret military detention  and execution site at
Cheu Kmau.

/...  A/50/681
  English
  Page

A/50/681
English
Page

ANNEX III

Letter dated 13 October 1995 from the Royal Government of
Cambodia to the United Nations Centre for Human Rights


  I  apologize for the  delay in  our comments on Mr.  Michael Kirby's draft
report  on the  human rights  situation in  the Kingdom  of Cambodia  to  be
submitted to  the General Assembly,  owing to the  fact that  we received it
quite late.

  My  Government has taken  careful note  of all  points and recommendations
made by the Special Representative for  the implementation and promotion  of
human  rights  in  Cambodia.    As  we  shared  most  of  his  remarks   and
recommendations, we  also  wish to  bring  to  his attention  the  following
observations  which we hope  will, to  a large extent, help  make this draft
report even more balanced.

  In  fact, the  information and  clarifications provided  by  the Cambodian
Government officials at  both the central and  local levels with Mr. Michael
Kirby during  his sixth  mission  to  Cambodia hopefully  would give  him  a
better  understanding  and   comprehensive  picture  of  the  human   rights
situation in Cambodia as  well as the unchanging and firm commitment of  the
Royal Government  of Cambodia to  work for the  protection and promotion  of
human  rights.   However,  we  still  ascertained  that  this draft  report,
firstly,  contained  a  number  of allegations  levelled  against  the Royal
Government that  were  not only  contradictory  with  the reality  but  also
outdated.  Secondly, some of  the wordings used in the draft report were not
appropriate and consistent with  the political will and efforts made by  the
Royal Government in the implementation and  improvement of the human  rights
situation.   Thirdly, a  number of  criticisms against  the Royal Government
were unclear  and non-specific.  And  finally, there were  also a number  of
unsubstantiated  assertions which appeared  to be  based only  on rumour and
hearsay.

  -  Paragraph 10:  This paragraph should be written as follows:

  "Unfortunately, it  did not prove possible  for the  Co-Prime Ministers to
receive the Special Representative due to the fact that the schedule of  the
First Prime  Minister  was so  tight while  the  Second  Prime Minister  was
absent from the country for health reasons.  However, ... contemplated."

  -   Paragraph 11:   This paragraph should be written as  follows:  "... If
possible,  technical assistance should  be offered  to the institution(s) to
be set  up by  the Royal Government of  Cambodia to assist in  analysing the
information on  human rights in Cambodia".   Institutions(s)  here means the
mechanism to be put in place by the Government.

  -   Paragraph 13:  Owing  to the lack  of communication  between the Royal
Government and  the Centre, there are  some actions which  have already been
taken  by the Government with regard to the  recommendations made in earlier
reports but which the  Centre was not aware  of.  Therefore,  this paragraph
should read  as follows:   "Due  to the  lack of  communication between  the
Government  and the  Centre, it  seems that  some actions have  already been
taken by  the Royal Government  with regard  to the recommendations  made in
earlier  reports but  the  Centre  was not  informed  of.   In other  cases,
implementation ... recommendations".

  -    Paragraph  13,  subparagraph  (e):    It  would  be  better  if  this
subparagraph  acknowledged  the causes  which  hampered  the  Government  in
responding   to   the   recommendations   and   reports   of   the   Special
Representative, rather  than  jumping  to  such a  conclusion.    Therefore,
subparagraph (e) should read as follows:   "The Special Representative hopes
that,  if  material  and  financial  resources  are  made  available  to the
Government,  the latter will  be in  a better position to  timely respond to
his recommendations and reports."

  -    Paragraph  16:    For  this  paragraph,  the  word  "harass"  is  not
appropriate.  We wish to change the word "harass" to "contain and  control".
In the same sentence, the report says:   "to remove public posters promoting
the use  of condoms".   We wish to explain to you  that no instructions have
been given by the Government to the  local authorities to do so.  Therefore,
we wish  to correct that  phrase to read  "the authority  should ensure that
these posters will not be removed".

  -  Paragraph  16, middle  of paragraph:   "The Special Representative  ...
was  nearing completion".   The  Council  of Ministers  had approved  such a
draft  law.   It is  currently under  the  National Assembly's  Committee to
review it.  We have no  authority to tell the National  Assembly what to do.
However,  according to  our  experience,  if the  Committee disagreed,  they
would reject this draft and require us to amend it.

  -  Paragraph  16, end of  paragraph:   Regarding HIV/AIDS, we  appreciated
very much  the comments  made by  the Special  Representative  to welcome  a
decision of  Cambodian journalists to  improve and  increase media reportage
of the  issue of  HIV/AIDS.   During the meeting  with the  Director of  the
Centre for Human  Rights Cambodia office, we also reported that efforts have
been  made by  the Government  to  include advertisements  on the  radio, in
local newspapers and local  TV as well.  This  is a very intensive effort to
increase the awareness of  the population on the  issue.   Yet it is at  the
high level of  the Royal Government of  Cambodia's efforts to determine  the
fight  against this  communicable disease including the  Committee which has
been  established  and  chaired  by  His  Royal  Highness  the  First  Prime
Minister.   Therefore,  we do  not share  the view  of the  report that  the
national  campaign against HIV/AIDS has been set back,  as has been reported
by the Special Representative.

  -   Paragraph 18:   The  report has  said that  health-care service  staff
charge  substantial sums  for their  services.   The Ministry  of Health has
been instructed to conduct  an investigation on the  matter.  The  result of
this investigation will be brought to your attention through  the Centre for
Human Rights Cambodia office.

  -  Paragraph 24:   We request a correction on  the settlement on  the land
continuously for  more than  five years,  which gives  entitlement to  legal
ownership of the  land under the State of  Cambodia land law, to reflect the
exact wording of such law.

   -   Paragraph 30:  We request inclusion of the latest efforts made by the
Royal Government, on 30 April  1995, including the utilization of air force,
to  enforce the ban on log exports.  And we  believe this firm commitment of
the   Royal  Government   to  protect   our  environment   deserves  to   be
complimented.

  -  Paragraph  32:  The  response to the  concerns over the  Press Law  are
included in the annexes made by the Ministry of Information.

  -   Paragraph  32:   "... Law  Regulating  the  Civil Servants,  passed in
October  1994, contains  an article 51  that provides a  measure of immunity
from  prosecution to  all civil  servants in  certain cases".   We  wish  to
clarify this point  as follows.   Those who  are caught  red-handed will  be
prosecuted immediately.   However,  this law  also states  that those  civil
servants  who are  being  accused will  need to  have  the consent  and  the
opinion of their supervisors.

  -   Paragraph  33:   "...  As originally  proposed,  this law  would  have
inhibited or curtailed the work of the human  rights Defenders who have been
trained to  represent accused  persons in  Cambodian courts."   The  current
Cambodian law on the  Bar Association has very strong requirements that  the
Defenders (lawyers) should meet very specific  qualification in order to  be
able   to   represent    the   accused   persons   in   Cambodian    courts.
Paraprofessionals do not have such qualifications.

  -   Paragraphs  37  and 49  (a):   These  two  paragraphs related  to  the
expulsion of a member of the National Assembly.  The Special  Representative
also mentioned  that he had  had a meeting  with the  First Vice-Chairman of
the National  Assembly, H.E.  Loy Sim  Chheang, and  the Chairmen and  other
members of the Commission of the National  Assembly, on 11 August 1995.  The
Special Representative  also admitted  that the explanations  made by  those
National  Assembly officials  were at a lengthy  session (approximately four
hours).  We strongly believe that  the Special Representative understood the
situation perfectly.   Unfortunately, the Special Representative seemed  not
to be satisfied and has still included this matter in his report.

  Final comments:   On the  one hand, we  appreciate very  much the concerns
expressed by the Special  Representative on human rights in every field  and
domain.  On the other  hand, we still believe that this draft report  should
be written in a balanced  manner in order  to reflect the many efforts  made
by  the Royal  Government of Cambodia  at a  time when  the latter  is still
facing  human, material  and financial  constraints.   Furthermore,  reading
this  report  leads  us  also  to  have  the  impression  that  the  Special
Representative is acting  as an authoritative law-enforcement officer,  that
is to say, to watch  us for the discrepancy area  but not to  provide enough
technical  assistance  to  help implement,  protect  and  improve the  human
rights situation which has been so far much better.
  I kindly request you to forward this letter to  the Special Representative
of the  United Nations Secretary-General, Mr.  Michael Kirby, and  circulate
it  as an official  document of  the current fiftieth session  of the United
Nations General Assembly.


(Signed)  Nady TAN


-----


 

This document has been posted online by the United Nations Department of Economic and Social Affairs (DESA). Reproduction and dissemination of the document - in electronic and/or printed format - is encouraged, provided acknowledgement is made of the role of the United Nations in making it available.

Date last posted: 18 December 1999 16:30:10
Comments and suggestions: esa@un.org